San Francisco Move-Away / Relocation Custody Lawyers

Move-away disputes and relocation cases often prove to be some of the toughest conflicts our clients face. The consequences of a court’s ruling in a move-away case can be profound on both parents and children. A move could be disputed even at a distance of 50 miles away – so long as the new arrangement would disrupt the other parent’s ability to see their children under the current parenting plan in effect. As a result, both the emotional and economic stakes tend to run high in move-away cases.

Our San Francisco Move-Away Attorneys can help

Whichever side of a move-away case you’re on, our attorneys provide carefully considered legal options to help protect your rights.

We help divorced or divorcing parents seeking to relocate with the children.
We assist unmarried parents hoping to prevent the other parent from moving away with the children.
We help domestic partners involved in move-away disputes without marriage.

How a move-away dispute works

Move-away disputes make up a complex area of law that’s constantly evolving with new court decisions. In general, relocation cases are usually decided in the following ways:

If no custody order exists yet or if the previous custody order was temporary, the court’s decision will determine which arrangement is in the best interests of the child.
If a final or permanent custody order already exists, the legal standard used by the court will depend on the type of custody arrangement currently in place.
If the parents share joint physical custody of the child, the court will base its move-away decision on the best interests of the child.

If one parent has sole physical custody of the child, they may have an easier time getting court permission to move away. In such cases, the non-custodial parent may successfully prevent the move if they can prove to the court that:

The custodial parent’s reasons for moving are in bad faith – for example, they’re moving in an attempt to reduce the other parent’s time with their children, or
The move would be detrimental to the child because of the negative effect it will have on the child’s relationship with their other parent.

What do courts consider in move-away relocation custody disputes?

To determine whether to grant a move-away request or not, courts will consider:

The reason for the proposed move
The distance of the move
The age of the child
The child’s relationship with each parent
Any custody arrangement currently in place
The child’s interest in custodial stability and continuity
The relationship between the parents – i.e., are they able to communicate and cooperate effectively? Are they willing to put their child’s interests above their own?
The wishes of the child, if they’re mature enough for the question to be appropriate
Which parent is more likely to encourage frequent and continuing contact between the child and their other parent
The child’s ties to their community and circle of friends
The child’s health and educational needs

How to win a move-away case in California

Every situation is unique and every family has different needs, which is why it’s important to consult with a competent family law attorney who can put your best interests forward. However, below are general strategies to consider depending on where you stand.

Strategies for the move-away parent

Negotiate an initial custody order that gives you sole custody of your child.
Avoid including any move-away restriction clauses in your initial custody order.
Encourage communication and foster a relationship between your child and your co-parent. Courts are more likely to grant move-away requests when they can trust that the parent left behind won’t be cut out of their child’s life.
Reach out and involve your co-parent in major decisions affecting your children, such as their healthcare, education, and extracurricular activities. The more proactive you are, the more courts will trust you to involve the other parent even if you move away.
Avoid making negative comments about your co-parent to your children.
If your co-parent breaks their visitation plans with your child, keep a calendar that notes whenever this happens, especially if they never reschedule.
Be prepared to tell the custody evaluator and the court your proposed custody and visitation plan if your move-away request gets approved.
Research housing, schools, and your child’s new doctors in your proposed move-away location. Be prepared to tell the court and the custody evaluator where you will live, what school the child will attend, and have data on the quality of the schools and the new proposed area.
Come prepared to explain your reasons for moving and provide documentation as evidence to back up your statements. For example, if you plan to move because of a lower cost of living somewhere else, bring documentation showing how much less compared to the Bay Area or county you currently reside.
Make sure that you’ll have a reliable source of income after your move.
Your move-away request may have a better chance at being approved if you choose to move somewhere you have extended family or a new spouse or partner.
File your move-away request at least one year before you plan to move. California family courts are often backlogged and the parent opposing your move may attempt delay tactics. When you file your move-away request, your first court hearing date could be scheduled months away. You’ll need enough time to potentially complete court-ordered mediation, custody evaluation, potential depositions, and a trial if you and the other parent do not reach an agreement.

Strategies for the parent objecting to the move-away request

Negotiate an initial custody agreement that shares joint physical custody and gives you as much of a timeshare as possible.
Include a clause in your initial custody agreement that states neither parent can change your child’s local residence without the court’s permission.
Encourage your child’s relationship with your co-parent.
Stay involved in the major decisions that affect your children, such as their healthcare, education, and extracurricular activities.
Avoid making negative comments about your co-parent to your children. Courts disapprove of attempts to sabotage a child’s relationship with their other parent.
Exercise all of your parenting time rights. Avoid canceling or breaking plans with your child unless absolutely necessary. If you must cancel, reschedule immediately.
If the other parent doesn’t allow you to see your child during your scheduled parenting time, document every case of this happening and any follow-up conversations.
If the other parent submits a move-away request, ask the court for a thorough custody evaluation and an evidentiary hearing or trial where you can present evidence to back up your reasons against the move.
Be prepared to tell the custody evaluator and the court your proposed custody and visitation plan if your co-parent decides to move away without your child. Have a plan for childcare while you work, whether it involves family, daycare, or after-school programs.
You should be able to demonstrate your involvement in your child’s life. Make sure you know the names of their best friends, teachers, and doctors.
Talk to a lawyer as soon as possible about fighting the other parent’s move-away request. The sooner you get started, the more time you’ll have for a custody evaluation, custody depositions, and a trial before the other parent’s move date.

The move-away dispute process: What if we can’t agree?

If you and your co-parent are unable to come to a custody agreement, you may agree to do a custody evaluation or the court may order the evaluation.

A typical custody evaluation will proceed in several stages over a period of time. A custody evaluation will commonly include the following parts:

Interviewing both parents
Interviewing the child or children
Observing the parent-child relationship through home visits
Psychological testing and analysis of both parents
Interviewing third parties such as family friends, teachers, and doctors
Reviewing any available reports or documents (such as academic school records, domestic violence records, criminal records, etc.)

Courts usually place great weight on the custody evaluation and the recommendations that result.

Why choose our San Francisco, California Move-Away Lawyers?

We are a full-service family law firm with experience litigating and negotiating complex divorces and domestic partnership dissolutions in California since 2009.

We understand more than family law: From analysing dividing stock options and restricted stock to untangling limited partnership interests and even working with a forensic accountant, we effectively support our clients in the high-asset landscapes of the Bay Area.
We’re well-versed in custody matters: Our strategies are all about your children’s best interests, including helping you and your partner become successful co-parents when possible.
When we say team, we mean it: We review client cases at weekly roundtable strategy sessions; this ensures that our clients receive the best possible solutions for their complex situations.
We are straightforward with our clients: We tell you what you need to hear, not what you want to hear. Our attorneys answer your questions before, throughout and even after the journey of your case.

San Francisco's most trusted Family Attorneys

Whether it’s a simple asset division, a basic custody agreement, or more intricate matters like dividing stock options, limited partnership interests, or a contested custody dispute, we develop creative strategies to meet every goal. Our premier divorce lawyers have a strong record of courtroom success and negotiated settlements.

Awards and Memberships

Success Stories that answer ‘Why Moradi Saslaw?’

Kiana Moradi has an unquestionable understanding of Bay Area family law Which includes partnership interests, startup economics, and custody disagreements, especially as they relate to the specific needs and understandings of the San Francisco area. I would highly recommend them for just about any situation.

- Alec Los Angeles, CA

Jennifer handled my case. She is shrewd and trustworthy. Jennifer handled my case. She is shrewd and trustworthy. What I valued the most is that she made me feel safe; that meant more than anything to me. I felt I had someone strong on my side though she treated both parties with respect.

- Mia Google Review

Contact San Francisco’s best Move-Away Attorneys

We understand the high stakes involved in move-away disputes and that nothing is more important than one’s child. If you need a child custody attorney you can trust to handle the sensitive issues behind your move-away dispute in the San Francisco Bay Area, call us at (415) 625-4587 or fill out our contact form to schedule a consultation.