Even in noncontentious cases, motions regarding child custody and visitation usually result in a great deal of litigation. Such litigation only increases when the issue is not whether a party will see their child overnight or during the week but may not see them for a protracted period because they are out of county, out of state or out of country. As such, a relocation and move-away requests or “move-away” request for order are some of the most difficult cases that the family courts see and, in most cases, end up being a small trial that can take at a minimum, an hour, or at the maximum, a day to several days.
Like normal custody motions, the parties may reach an agreement at any time to allow one side to relocate with a child or children. When that fails, however, a request for order must be filed, which sets a definite hearing date. Parties should be aware that due to the contentious nature of these motions, most matters require a long time to be heard, which means that the court date will likely be provided some three to six months later in the year. As such, a party considering a move but needing a court order to do so must consider the timing in filing their request.
Unlike a normal custody request, when considering a relocation and move-away requests, a court must analyze a complicated multifactor test under the law, including but not limited to the best interests of the child or children, the distance of the move, the support networks in place in both San Diego and the new location, the ages of the children, school choice, whether domestic violence has occurred, and the current orders and timeshare percentage of the parties. It is worth noting that as the state prefers that both parents have continuing contact with the minor or minors, it is likely that the nonmoving party will retain substantial rights, including that of frequent telephonic and or virtual visitation.
At Sunnen Law, we handle all aspects of move-away cases, including:
- Requesting orders to allow relocation
- Defending against requests for orders to relocate
- Conducting discovery to either prosecute or defend the proposed move
- Litigation over all phases of the request
Get Legal Advice About Relocation Request Today!
Irrespective of whether you want to relocate or you do not want the other side to relocate, one will want to either enter a fair stipulation or fight for your rights as to such a request. The goal of our firm is to make sure that you are dealt with fairly, regardless of which side of the proposed move you are on. Call us at 619-255-9551 or contact us online to request an in-person consultation as soon as possible.