Relocating with children after a divorce is one of the most complex and emotional issues parents face. Whether you live in La Mesa or anywhere in San Diego County, a move-away request can have a major impact on child custody arrangements. California courts have strict guidelines for these situations, and understanding them is essential to protecting your parental rights and your child’s well-being.
As an experienced La Mesa child custody and divorce attorney, Andrea Schneider helps parents navigate these high-stakes cases with skill and compassion.
What Is a Move-Away Request?
A move-away request occurs when a parent wants to relocate with their child in a way that would significantly affect the other parent’s custodial time. In California, a parent usually cannot move a child far enough to disrupt the custody schedule without either the other parent’s written consent or a court order.
While a short move within the same school district may not require court approval, a relocation that changes visitation patterns, school placement, or the child’s access to the other parent typically does.
How California Courts Approach Relocation Cases
When a custody order is already in place, California courts focus on what serves the child’s best interests.
Judges evaluate a range of factors, including:
- The child’s age, developmental needs, and ties to school, friends, and extended family
- The reasons for the proposed move and whether it will improve the child’s quality of life
- The impact on the non-moving parent’s ability to maintain a strong relationship with the child
- The parents’ history of cooperation and involvement in the child’s life
- Practical considerations like travel costs, scheduling challenges, and school continuity
These factors help the court determine whether the relocation supports stability, emotional health, and consistent contact with both parents.
The Two Main Paths for Relocation
Agreement Between Parents
If both parents agree to the move and can create a workable custody and visitation plan, the court will typically approve it. This plan should address travel logistics, holiday schedules, and ways to maintain regular contact.
Disputed Relocation
If the other parent objects, the relocating parent must demonstrate that the move is in the child’s best interests. The court will hold a hearing, review evidence, and may involve custody evaluators before making a decision.
In either scenario, the court’s priority is maintaining the child’s relationship with both parents whenever possible.
Strengthening Your Move-Away Request
If you are the parent seeking relocation, preparation is key.
You can improve your case by:
- Providing documentation that supports the move, such as a new job offer, better housing, or access to extended family support
- Creating a detailed parenting plan that preserves the other parent’s time with the child
- Showing how you will reduce disruptions to school, activities, and healthcare
- Keeping thorough records of your role in the child’s daily life
The more clearly you show that the move benefits the child, the stronger your request will be.
When You’re the Parent Opposing the Move
If you are the parent contesting the relocation, you have the right to present evidence about how the move would harm your relationship with your child. Demonstrating your active role in your child’s life and offering alternative solutions can influence the court’s decision.
Protect Your Rights in a Relocation Case
Relocation cases are emotionally charged and legally complex. A skilled La Mesa child custody and divorce attorney can help you understand your options, protect your relationship with your child, and present the strongest case possible.
Attorney Andrea Schneider has extensive experience representing parents in move-away disputes throughout greater San Diego. Whether you are requesting or opposing a relocation, our team can provide the guidance and advocacy you need.
Reach out online or call (619) 304-8499 today to schedule a confidential consultation with The Law Offices of Andrea Schneider.