What Is Considered A Move Away In San Diego County In 2014: Divorce, Paternity & Legal Separation

HOW FAR DOES A MOVE AWAY HAVE TO BE NO MATTER WHETHER YOUR CASE WAS A PATERNITY, DIVORCE OR LEGAL SEPARATION?

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:

  • The children’s interest in stability and continuity in the custodial arrangement;
  • The distance of the move;
  • The age of the child or children;
  • The children’s relationship with both parents;
  • The relationship between the parents including, but not limited to, their ability to communicate and cooperate effectively and their willingness to put the interests of the children above their individual interests;
  • The wishes of the children if they are mature enough for such an inquiry to be appropriate;
  • The reasons for the proposed move;
  • The extent to which the parents currently are sharing custody;
DOES IT MAKE A DIFFERENCE WHETHER THE PARENTING PLAN YOU HAVE IS A TEMPORARY OR PERMANENT ORDER?

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:

  • Military deployment to another county/state
  • Job transfer to another county/state
  • Spouse transferred to another county/state for military deployment or job transfer
IF YOU CAN PROVE THAT THE MOVE IS DESIGNED ONLY TO FRUSTRATE YOUR PARENTING TIME, WHAT EFFECT CAN THIS HAVE?

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 & Forney, a Professional Law Corporation 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 consultation for up to 30 minutes.

Contact Us FREE IN-OFFICE CONSULTATION
Phone Number: 800.769.4748
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