Going through a divorce or separation is hard enough, but what happens when one parent wants to move away with the children? In San Diego, these “move away” cases are some of the most challenging family law situations. At Primus Family Law Group, our team of experienced attorneys help parents understand their rights and guide them through this difficult process.
What Are Move Away Cases?
A move away case happens when a parent who may have sole or shared custody of their children wants to relocate to another state or country. However, because of how large California is, if a parent wants to move several hours away even in California, many judges consider that a move away as well. The other parent may agree and that simplifies the issue but if the other parent exercises their right to object, then a judge has to decide what’s best for the children.
Think of it this way: one parent might get a great job offer in another state, want to move closer to family for support, or remarry someone who lives far away. But the other parent doesn’t want to lose time with their kids or have them moved far from everything they know.
Why These Cases Are So Complex
California law tries to balance everyone’s needs—the parent who wants to move, the parent who wants the children to stay, and most importantly, what’s best for the kids. Courts look at many factors, like:
- Why does the parent want to move?
- How far is the move?
- How will moving affect the children?
- How strong is the relationship between the kids and the parent who’s staying/moving?
- Can we create a visitation schedule that works for everyone?
- How old are the children and what do they want?
Our Team’s Special Training
At Primus, our lawyers aren’t just regular family attorneys, they’re Certified Family Law Specialists (CFLS) and are certified by the California Board of Specialization. This means that after practicing a certain number of years and having the required amount of litigation, trial and negotiation experience, they’ve taken extra training and passed tough exams to become experts in California family law. Only about 10% of family lawyers in California have this special certification. When your family’s future is at stake, you want someone with the highest level of expertise.
What Makes San Diego Cases Unique
San Diego has special circumstances that affect these cases. We have a large military population, so we understand military move requirements. We’re close to the Mexican border, which creates unique situations. We also have families from all over the world, so we deal with international moves too.
Our team of certified specialists have significant court experience with the local judges, understand how San Diego courts handle these cases, and are familiar with the resources available in our community.
Real Solutions for Real Families
Every family is different, and cookie-cutter solutions don’t work. We might suggest:
- Longer summer vacations with the non-moving parent
- Video calls and virtual participation in school events
- Flying the children back for holidays and special occasions
- Having the non-moving parent visit regularly
- Creative scheduling that works around school and activities
Technology Helps Families Stay Connected
Today’s technology makes it easier for parents to stay involved even from far away. We help create parenting plans that include video calls, online homework help, virtual bedtime stories, and digital attendance at school performances and sports games.
The Bottom Line
Move away cases aren’t just about legal rules, they’re about keeping families connected even when life pulls them in different directions. Whether you’re the parent who wants to move or the one who wants your children to stay, we understand how scary and overwhelming this can be.
At Primus Family Law, over our combined 50+ years of experience, we’ve helped hundreds of San Diego families work through these challenges. We know the law inside and out, but more importantly, we understand that behind every case is a family trying to do what’s best for their children.
Get Help When You Need It Most
If you’re facing a move away situation, don’t try to handle it alone. The decisions made in these cases affect your family for years to come. Contact Primus Family Law today and let our experienced team help you protect your rights and your children’s future.