Relocation is an important aspect of San Diego family law cases. If you have children and are considering a move a significant distance away, even within California, or if your ex or soon-to-be-ex is considering relocation, you may need to consult with a San Diego family law attorney. Even if you no longer reside in California because you relocated after your separation for financial or other reasons, we may be able to represent you in a matter filed in California.
Once a petition for dissolution is filed, by statute, neither parent may relocate with the child of the marriage without obtaining either the agreement of the other parent (or parents) or a court order. When an order for custody is made during a dissolution, or in cases where there is no marriage, even when party has sole physical custody (usually defined as 70% or more), normally, the parent seeking relocation must give the other parent at least 45 days’ notice of the proposed change of residence.
In San Diego, if your former spouse or the other parent of the child gives you notice that he or she intends to relocate with the child, you may file a request with the court seeking an order for the child to remain. That request triggers a mediation between the parties and a hearing. While the court will never interfere with a parent’s constitutionally guaranteed right to relocate, it will determine whether the child may relocate with the parent.