San Juan Capistrano Move Away Lawyer

Move Away Attorney in San Juan Capistrano

An expert San Juan Capistrano move away lawyer can help when a proposed relocation may affect child custody or parenting time. Move away cases primarily focus on whether the move would interfere with existing court-ordered custody or parenting time.

The legal issues that arise in move away cases commonly center on topics like school placement, travel distance, and maintaining regular contact between the child and both parents. At Quinn & Dworakowski, LLP, our reliable San Juan Capistrano move away lawyer represents parents with custody and relocation concerns.

Hire a Move Away Lawyer

Quinn & Dworakowski, LLP has over 100 years of combined litigation experience in Orange County family law, including move-away and custody cases. The firm has been honored by Best Lawyers, Super Lawyers, and U.S. News & World Report for its family law practice.

Our attorneys at Quinn & Dworakowski, LLP regularly try relocation cases in the Orange County Superior Court and use this experience to review custody orders and parenting plans that may be affected by a proposed move.

Why Legal Guidance is Important in Relocation and Custody Cases

Move-away cases are decided under California custody law. In California, court involvement is required when a proposed relocation would affect parenting time or a court-ordered custody arrangement. The role of a move away lawyer is to help parents understand when a proposed move would trigger a legal review.

This can include discussions on how current custody orders are reviewed for legal sufficiency in light of the move. Our seasoned San Juan Capistrano move away lawyer can also explain how courts view parenting plans in move away cases.

Proximity of Extended Family

San Juan Capistrano parents may have other family members who live nearby and can assist with day-to-day caregiving or parenting. The presence of extended family nearby may become a factor in relocation disputes. The court may evaluate how a move away would affect the child’s relationship with the child’s existing family unit.

In this way, extended family considerations may factor into the analysis in a move-away case, but they would not be determinative on their own. Shifts in family involvement or changes to caregiving routines may be part of the factual analysis in a move-away case.

Blended or Highly Customized Custody

Move-away cases can be more complex when custody arrangements are not clearly defined in a court order. Blended or customized custody arrangements create informal routines outside of the standard parenting time. A move-away request would raise questions about how the relocation affects these routines. Courts also have to consider whether existing custody orders may need to be modified in light of the move.

For San Juan Capistrano parents, clarifying the specifics of how parenting responsibilities are handled may be an important part of the process when a move is proposed.

Cultural, Historical, and Community Connections

The local environment can be an important factor in a child’s stability, and courts may consider a proposed relocation in that context. The schools in San Juan Capistrano, community events, and even the town’s historical nature may be part of a child’s sense of belonging.

The court can consider how relocation affects these interests as part of the factual analysis in a move-away case. Historical, cultural, and community considerations are not primary factors in and of themselves, but they can be part of the factual analysis in a move-away dispute.

FAQs

Does a Move Away Request Affect Informal Parenting Practices?

In some situations, a parent and the other parent may have a regular pattern or practice that is not reflected in the court order for parenting time. A court may need to assess the relocation when a parent’s move conflicts with their parenting time as established by the custody or visitation order. The court typically looks to the order rather than the informal history.

Can Relocation Impact Mediation or Settlement Discussions?

As of 2023, the national divorce rate is 2.4 per 1,000 people, and custody-related issues frequently arise as families restructure after divorce. A move that alters a parenting schedule or child living arrangements can force the parties to revisit topics that have already been resolved or are still under negotiation. Negotiating about the issue of relocation can limit the parties’ ability to act based on assumptions about future parenting arrangements.

How Do Divorce Trends in California Relate to Move Away Cases?

The number of divorces filed can help illustrate why move away cases exist in the first place. The California divorce rate is about 5.88 divorces per 1,000 population. This exceeds the national average. For separated or divorcing families, it’s not uncommon to seek relocations. New housing arrangements, job changes, and support issues are common when families separate and divide up the parenting time.

Can a Move Interfere With Temporary Orders of Custody?

Moving can impact a temporary custody order in San Juan Capistrano if your proposed move interferes with scheduled parenting time or exchange arrangements. Temporary orders aim to provide stability while a case is pending, and a move may trigger a court review to determine whether adjustments are warranted. Addressing relocation during the temporary order phase can clarify expectations and prevent conflicts while custody issues are still being resolved.

Contact a San Juan Capistrano Move Away Lawyer

If a proposed relocation will affect court-ordered custody or parenting time, the move may need to be reviewed by a California court. A trusted San Juan Capistrano move away lawyer can assist when relocation concerns arise, including reviewing existing court orders and the legal issues related to a move.

At Quinn & Dworakowski, LLP, our San Juan Capistrano move away lawyer represents parents in Orange County in relocation and move-away cases. To learn more about how we can help with move away cases, book a consultation to review your circumstances and current orders. We can also help you better understand how relocation disputes are handled under California law.

Contact us today to speak with a member of our experienced legal team about your case. With our team engaged, you can trust that you are getting quality legal support.

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Quinn & Dworakowski, LLP – San Juan Capistrano, CA Office

Irvine Concourse 2050 Main Street, Sixth Floor, Suite 600, Irvine, CA 92614