Rancho Santa Margarita Move Away Lawyer

Rancho Santa Margarita Move Away Attorney

Child custody disputes of any kind can be stressful and challenging for parents, but relocation disputes are especially difficult. When a parent wishes to move away and take their child with them, it can raise all types of concerns regarding their custody order. An experienced Rancho Santa Margarita move away lawyer is an invaluable asset in this situation.

On either side of a move away case, your family law attorney can provide crucial guidance and support to help you reach a positive outcome.

Representing Parents in Move Away Disputes in Rancho Santa Margarita, CA

The attorneys at Quinn & Dworakowski, LLP, have more than 40 years of combined experience helping clients in Rancho Santa Margarita and surrounding areas of California with all types of family court disputes. Trust us to represent you in any family court hearings in the Orange County Superior Court, and we have successfully helped many parents navigate contentious relocation disputes.

2023 Census Data reports that about 10.5% of women and 7% of men in California have been divorced, and many have children and are subject to custody orders. Many divorced parents and unmarried parents with custody orders in the Rancho Santa Margarita area eventually face relocation disputes when one co-parent decides to move. If you are planning to move or plan to fight your co-parent’s relocation, we can assist you with either side of this difficult case.

How to Relocate With a Rancho Santa Margarita Custody Order

If you have a custody order in Rancho Santa Margarita and wish to move with your child, the terms of your custody order dictate the rules you must follow to do so legally. If you have sole custody, you may only need to provide some notice to your child’s other parent, but their permission is not required for you to move. If you have a joint custody agreement, then you will need their express written permission in order to go ahead with your relocation.

Your custody order will determine how far you can move before your co-parent’s permission is required. Typically, if you are only moving a short distance and your relocation will not affect your co-parent’s custody or visitation rights, you simply must provide notice, and their permission is not necessary. If you move a specified distance away, however, your co-parent may contest your relocation.

Contesting Relocation in Rancho Santa Margarita Family Court

When you have a joint custody agreement, and your co-parent notifies you that they plan to relocate with your child, you have the right to contest their relocation. This will lead to a hearing in the family court, and the judge handling your case must evaluate several factors to determine whether the proposed relocation truly suits your child’s best interests.

A judge will want to evaluate the motivation for the relocation, whether the move would negatively affect the child’s health, safety, or general well-being, the child’s relationship with each parent, and their current proximity to extended family members in making this decision. If you plan to contest your co-parent’s relocation with your child, you must prove the relocation would be detrimental to your child’s best interests in some way.

Quinn & Dworakowski, LLP, can help with either side of a relocation dispute in the Rancho Santa Margarita family court. We have years of experience representing parents in all types of complex custody disputes and will leverage this experience in your case. It’s important to consult with an attorney as quickly as possible for this type of case, so reach out to us today to learn how our firm can assist you.

FAQs About Rancho Santa Margarita, CA Move Away Laws

Am I Allowed to Move With My Child if I Have a Custody Order?

You are allowed to move with your child if you have a custody order, but you must follow the stipulations of your order in doing so. For example, your custody order may state that if you move a certain distance away, you will need your co-parent’s express written permission because the move is likely to affect their custody or visitation rights. If you have sole custody, you may only need to provide advance notice, and the co-parent’s permission is not required.

How Do I Fight Relocation in Rancho Santa Margarita?

To fight relocation in Rancho Santa Margarita, you must prove that the proposed relocation violates your custody rights or your child’s rights, or you must prove that the proposed relocation would be detrimental to your child’s health or safety in some way. The judge handling your case will review many factors to determine whether the proposed move is acceptable and whether it truly suits the child’s needs and interests.

What Are the Penalties for Violating a Child Custody Order in Rancho Santa Margarita?

The penalties for violating a child custody order in Rancho Santa Margarita can be severe, and in many cases, potential violations and their penalties are explicitly stated within a custody order. If a parent willfully violates their custody order, they can potentially face fines, loss of custody or visitation rights, or even incarceration. The penalties will typically depend on the severity of the violation and whether the parent put the child in harm’s way.

Why Should I Hire a Rancho Santa Margarita Move Away Lawyer?

You should hire a Rancho Santa Margarita move away lawyer to have a better chance of reaching a positive outcome for your case. Whether you are proposing a relocation or attempting to fight your co-parent’s proposed relocation, the right attorney can help you reach a positive outcome for your case. As soon as you realize you are facing a relocation dispute, you should reach out to a Rancho Santa Margarita move away lawyer right away.

The team at Quinn & Dworakowski, LLP, has successfully helped many past clients through all types of difficult family court disputes, including those pertaining to relocation. If you or your co-parent is planning to move and you have a custody order, you can rely on our firm to help you navigate this contentious case and reach a positive outcome. Contact us today to schedule a consultation with a Rancho Santa Margarita move away lawyer and learn how we can help.