blog home Child Custody How to File the Initial Relocation Request for Your San Diego Child Relocation

How to File the Initial Relocation Request for Your San Diego Child Relocation

Posted by Thomas Huguenor on September 8, 2014 in Child Custody

This is the third post in my series on Child Custody and California’s Move-Away Process. My last post discussed the initial steps a parent should take in order to prepare to request for a move-away. In this post I will be discussing how the initial process can be started.

The initial move-away motion requires an articulate argument regarding why relocating outside of California is in your child’s best interest

When you are ready to ask the California Court system for permission to relocate your child then the first step is to file paperwork with the family law courts. In the initial filing, you must explain to the Court your reason for wishing to move away and why you believe the move is in the best interest of your child. You must file this information with a high level of detail whether you are moving across the country or to the next town. Many people make the mistake of believing that they do not need permission from the Court if they are relocating within California. The truth is you need permission to move with your child is you are moving outside of the family court’s jurisdiction.

The Court will set a number of hearings designed to gather all of the facts of your case once the move-away request has been filed. Once the case is filed, the non-moving parent will be served with paperwork indicating your request and will be given the opportunity to respond. If the non-moving parent objects to the move-away then it becomes their responsibility to prove that the move would be detrimental to the child in question. Non-moving parents have many arguments that can be made. The most popular of these arguments is that a move would frustrate the relationship between the other parent and child. This argument is frequently made by opposing parents who will claim that a move will make it impossible for them to have frequent and continuing contact with their child. Once the opposing parent has responded to the Court then the Discovery Process will begin so that the parties may establish what is truly in the best interest of the child.

A skilled family law attorney will ensure that all paperwork is properly filed with the Court

The worst thing a parent can do during a move-away case is to attempt and file the paperwork themselves. The Court requires very specific information and if anything if filed incorrectly then your request may be denied. Many parents assume that filing a move-away request is a mere formality, however, the California Court system routinely denies move-away requests- even relocations that are not particularly far. Your San Diego family law attorney will be familiar with what specific family law judges are looking for, and will be able to ensure that your paperwork is filed correctly and maximizes the chance of your request being accepted.

Filing the initial paperwork is the beginning step of the process. Once the process has started, then Discovery begins. My next post will discuss how the Discovery process works and what parents need to know.

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Posted in: Child Custody

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