Puja Sachdev | September 24, 2024 | Child Custody
Child custody is perhaps the most contentious issue in all of family law. Child custody issues, coupled with the related issue of child support, can greatly complicate a divorce by restricting your freedom of action. Moving out of state when you have joint custody of your children is not something you should do on impulse.
Sole Custody vs. Joint Custody
Having sole custody of your child means:
- The child lives with you, subject to the other parent’s visitation rights in the case of sole physical custody or,
- You have the sole authority to make decisions on behalf of the child in the case of sole legal custody.
Having joint custody means you share living arrangements or decision-making authority with the other parent.
These two forms of custody can operate independently–one parent might have sole physical custody while the parents share joint legal custody, for example. Alternatively, one parent might have sole physical and legal custody, or both parents might share joint physical and legal custody. All other things being equal, San Diego courts prefer joint custody arrangements.
The Best Interests of the Child
The best interests of the child principal is perhaps the most important doctrine in child custody law. In all decisions, the best interests of the child take precedence over the best interests of either parent. However, that doesn’t necessarily mean what the child wants; after all, children don’t always want what is in their best interests. A San Diego family court will give the child’s wishes more weight as the child grows older.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
The California Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) establishes rules for determining which state’s courts have jurisdiction over child custody matters and ensures that custody orders are enforced across state lines. That means that the San Diego Family Court will probably retain jurisdiction over your case even if you move out of state.
Changing the Jurisdiction of Your Case
Under certain circumstances, you can seek to transfer jurisdiction over your case to the state you are moving to. This will be more difficult if the other parent opposes the switch.
Enforceability
San Diego child custody orders are valid in all 50 states. Under most circumstances, all states will enforce them. The other state’s court might take temporary emergency jurisdiction in cases of, say, parental kidnapping or domestic violence.
Procedure
To move out of state and retain your custody rights, you must take the following steps:
- Notify the other parent at least 60 days before you move.
- Get the other parent’s approval, or petition the San Diego family court for an order allowing you to move and continue to see your child.
- If you need to change the visitation schedule, the court can issue a modification of the current child custody order.
Even if the other parents agree, it’s a good idea to notify the court. The court will disallow new arrangements if it doesn’t believe they are in the child’s best interests.
If you cannot agree with your spouse on the consequences of your move, you might need to seek a court order to determine how to adjust custody arrangements. A San Diego family court will consider the following factors:
- The impact of your move on the child’s relationship with the other.parent;
- The child’s age, health, and educational needs;
- Whether the child can continue to maintain relationships with both parents;
- The stability and continuity of the child’s life; and
- Where exactly you are moving to–Mexico, Arizona, or New York, for example.
If you have primary physical custody, the court might allow you to move unless the other parent can prove that the move would not be in the child’s best interests. However, if you have joint physical custody, the court will consider each parent’s views equally.
Contact A San Diego Family Lawyer
No matter what you do, don’t just move out of state and hope for the best. Talk to a San Diego family lawyer about your plans before you make any concrete moves. Doing so is your best chance of ensuring things go smoothly without any nasty surprises later on. Contact San Diego Divorce Lawyers, APC, to schedule a free consultation.
Contact a local family lawyer at (619) 724-4160, explain your circumstances, and try to schedule an initial consultation with the lawyer as soon as possible.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
