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In general, any move outside San Diego County is a move away. A move away can be as close as Orange or Riverside Counties or as far away as another country. Given the mobility of residents of California, move away cases are not uncommon in the San Diego Superior Court. When one parent wants to move away, the best practice is to discuss and ask the other parent first and see if an agreement can be reached. If not, then the only option is to file a move away motion.WHAT ARE THE “STANDARDS” FOR A MOVE AWAY FROM SAN DIEGO?
The factors, for a move away, are as listed below in part:
Yes, it makes an enormous difference in many cases. If the current custody and visitation order from which one parent is making a motion to move away is a temporary order [prejudgment], then the standard is best interests of the child or children and there is no presumption to allow a parent to move. If the current visitation and custody order on which the move away motion is based is a permanent order [post judgment], then if the parents share joint legal and joint physical, then the standard is the same as a temporary order: best interests. If, however, the parent who is requesting the move away is the primary physical custodian, then under current CA family law, that parent has the presumptive right to move away and the non custodial parent who objects to the move away must show “detriment” which is harm to the child from the move. This may have to be evidenced by a 730 custody evaluation in which all factors are considered.WHAT ARE CONSIDERED VALID REASONS FOR MOVING?
Valid reasons for moving include, but are not limited, to the following:
This can have the effect of a Judge denying a move away motion even if it is the primary physical custodian who is asking for the move away. This is a fact based evidentiary issue and documents and testimony will be needed to support this legal position in opposition to the move away.HOW CAN A SAN DIEGO LAW FIRM HELP WITH YOUR MOVE AWAY CASE?
Doppelt and Forney, APLC is a local San Diego law firm with experience in move away cases. Move away cases are very complicated and complex and legal representation will assist in making sure your rights are protected. Feel free to call for your confidential and no cost virtual consultation for up to 30 minutes.