What does it take to win a move away child custody case in San Diego? It doesn’t matter if you are the parent seeking to move with the children or the San Diego parent who wishes the children to remain, move away child custody cases are by their very nature often quite contentious. Often, the parties find themselves in a…
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Recent Court Case Highlights Relocation or Move Away Child Custody Issues
A recent child custody case here in California highlights relocation or move away child custody issues and the best interests of a child. Divorced parents in this case shared custody of two children. 3 Years after the divorce the father approached the Court saying the mother was prohibiting the children from participating in little league baseball and other after-school activities.…
Why is Venue an Important California Child Custody Issue
Why is venue an important California child custody issue? A recent case highlights the importance of “venue” from a legal perspective in California child custody cases. The issue of venue often applies to those in military service, as well as unmarried couples when one of the parents intends to move away or has left the state of California with a…
Do You Intend to Move During or After a Divorce in San Diego?
Do you intend to move during or after a divorce in San Diego? Divorce is one of the most challenging issues many will face. What happens if one of the former spouses wishes to get a fresh start and move? California requires at least one of the parties to live in the State for six months prior to filing for…
How to Manage Relocation with Existing Child Custody Orders
Are you wondering how to manage relocation with existing child custody orders in San Diego? Child custody and parenting time agreements are often sources of concern and legal issues following a divorce. Perhaps one of the most contentious post decree child custody and parenting time issues is a move-away or relocation case. What happens if existing orders have established shared…
The Elements of an Interstate Child Custody Case in San Diego
What are the elements of an interstate child custody case in San Diego? What happens when a parent sharing custody of a child or children with the other parent moves or wishes to move out of the area or out of the State of California? The basic elements of an interstate child custody case are venue, the status quo and…
Factors Which Justify Child Custody or Parenting Time Modification in San Diego
What are the factors which justify child custody or parenting time modification in San Diego? What must happen in order to request a change in these orders during or after your divorce? The existing temporary or permanent child custody and parenting orders reflect the Court’s perspective of “the best interests of the child(ren).” While these orders are not locked in…
The Importance of Legal Venue in a Move Away Child Custody Case in San Diego
A recent California Supreme Court case reflects the importance of legal venue in a move away child custody case. Relocation or move-way child custody cases occur when a parent is sharing custody and parenting time with another parent. If a parent has “sole legal and physical custody” they are generally free to make decisions regarding a potential move. However, if…
What Will Happen to Child Custody and Parenting Time When a Parent Moves Away from San Diego
What will happen to child custody and parenting time when a parent moves away from San Diego? How is child custody determined when the co-parents will reside in different states? This may happen during the course of the divorce itself or in the months and years which follow. What do you need to know to protect your interests? Generally speaking,…
Can Relocation with Children without Advance Permission of the Court Affect Existing Child Custody Orders?
Can relocation with children without advance permission of the court affect existing child custody orders after a divorce? Is it possible to lose child custody if you take the children and relocate out of the area without the advance permission of the court? The short answer is: “It’s complicated, but yes.” In a typical Carlsbad divorce case the judge will…