Move Away Orders

PRACTICE AREAS

MOVE AWAY ORDERS

After a divorce, one parent often wants to move. Move away orders refer to cases where the primary custodian wants to move. California law is very complicated regarding move away orders. Many factors contribute to your specific case. It is important to consult with an attorney that is experienced in handling these cases.

PRIMARY PHYSICAL CUSTODY

If the parent seeking a move away order has sole or primary physical custody, the move can usually get approved. In order to stop the move, the other parent will have to prove the move will harm the child. If you are involved in this situation, an experienced family law attorney can better evaluate your situation.

If you are trying to stop a parent from moving, our law office can help. Although it can be difficult, it is possible to prove the move will harm your child. If you need to move with your child, we will help you get that move approved. It is important to ensure you do what is best for your child. Attorney Michelle Paul provides free consultations for these matters.

JOINT PHYSICAL CUSTODY

If you have joint physical custody, a move becomes much more difficult. In these cases, move away orders put the burden of proof on the moving parent. You must prove that moving is in the child’s best interest. Some areas the Judge will look at are:
  • Reason you are moving
  • Stability for the children
  • Distance of the move
  • Age of the children
  • The children’s relationships with parents
  • What the child wants
  • The children’s needs
These cases are very complicated and the laws are consistently changing. It is important to consult with an experienced attorney to ensure the best possible outcome. During your free consultation, Michelle will give you information regarding your specific situation.
MOVE AWAY ORDERS - PARENTING PLAN
The approval of the move is just the beginning of the negotiation process. One of Michelle’s best assets is her keen negotiation ability. You will need her skill to craft a new parenting plan. This plan needs to factor in distance. Its goal is to maximize the child’s time with each parent. The noncustodial parent is probably entitled to large chunks of time during school vacations. Our law office can help your family figure out an arrangement that benefits everyone.
CALL FAMILY LAWYER MICHELLE PAUL
Attorney Michelle Paul has a lot of experience working with move away orders. It is important to remember the courts always focus on the child’s best interests. Our office is committed to helping families find a solution that works for them. Get the right help for your children. Call Michelle Paul at 619-624-3333 for your free consultation.

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