SAN DIEGO MOVE AWAY AND CHILD RELOCATION ATTORNEY
During the pendency of a divorce or even several years later, circumstances change where a parent desires to relocate and move out of the city, state or country. When this occurs, the child custody plan is affected and a request to relocate must be filed with the court such a request is considered a “Move-Away” when the custodial parent or primary caregiver desires to relocate. This emotionally charged area of the law is best handled by an attorney who can argue for or against the move away factors considered by the court. The court is particularly concerned with how the move will impact the visitation and overall well being of the child.
Any parent seeking to relocate with their child or you are a parent wishing to oppose the move, should consult with an experienced move away attorney to product your rights. The law firm Mellman & Mellman, LLP has handled numerous move away cases with great success, the firm will support you in understanding your rights as a parent and how to proceed with a move-away or child relocation case.
Litigating a Move Away Request
It is typically for parents in move away cases and child relocation to disagree, as both parents and children are affected by such proceedings. In a minority of cases, parents are able to reach a mutual understanding and agreement that allows them to maintain a doable custody arrangement. However, in the vast majority of move away cases you will want an aggressive child custody litigator going to court for you. Before undertaking a Move Away request parents must understand that the court will consider the child’s ultimate welfare among other considerations. Mellman & Mellman, LLP will diligently advocate on your behalf to convey to the courts that a move is in the child’s best interest.
Move Away Requests Involving Joint Physical Custody
When parents share physical custody of a child, consent for either parent to move-away or relocate with the child is a much harder proposition. In comparison, a parent who maintains sole physical custody will have a much easier time when requesting a move-away or child relocation. However, parents without primary physical custody can object to a move away request for multiple reasons. Again, the child’s best interests including welfare, safety and security are cautiously deliberated as the highest priorities.
Experienced San Diego Move Away Attorney
The compassionate San Diego family law attorneys at Mellman & Mellman, LLP have enjoyed great success for our clients in dealing with move-away and child relocation cases. Our attorneys will take into consideration all of the unique aspects of your case to determine a plan of action that will result in the best outcome for you and your child. The court will continually maintain the best interests of the child or children as its top priority, and a parent’s reasons for requesting move-away or child relocation will be considered. Two critical factors among the many considered by the court are the distance of the move and the actual preference of the child, if the child is old enough form an opinion. Other important factors considered by the court include the age of the child in question, his or his relationship with each parent and the overall picture of the child’s daily life, including his or his education, extended family, community and health. Lastly, one additionally compelling factor is whether the parent moving away will be able to foster a relationship between the child and the non-custodial parent.
Contact Mellman & Mellman, LLP for a Free Move Away Evaluation
The San Diego Family Law attorneys at Mellman & Mellman, LLP will provide you with an honest and sensible review of your case. If your move away case is viable or if you have a viable defense we will litigate your case and protect your rights to the fullest extent. Please contact the San Diego Family attorneys at Mellman & Mellman, LLP at 619-304-0600 for your complimentary consultation.