Thursday, 20 October 2011

Get Guidance from Child Custody Lawyers in San Diego

When parents of a child are divorced or about to be divorced, then in that case child custody is a big problem. One of the most controversial situations is when the custodial parent wants to relocate with the child to another state. The decision is finally taken by a judge. Just because the imprisonment parent has sole custody does not mean they can travel without the permission of the court in San Diego.

The first thing is that a parent must submit a petition with the help of child custody lawyers San Diego. This tells the court that you want to move to another state with the child. The petition must be submitted as soon as possible by your San Diego custody attorney, because it can take time, especially in those cases where other parent raises objection on the application. In general, any out-of-state travel is prohibited, until the decision of the court is taken.

In some cases, where noncustodial parent agrees to move, then in that case, the judge will probably sign an order immediately and give permission to relocate with the child out of state. If the move is contested, the judge will spend more time to ensure that each decision is in the best interests of the child and there your San Diego child custody lawyer helps you out.

What is best for the child is different in each case. There is no such particular rule, but the guidelines must comply with the judges in these cases. For example, the judge will examine how migration affects the child and the custodial parent, like will this move improves the quality of life for the child or not. And court wants to know the influence of this move on the non-custodial parent. If a reasonable plan to visit may be made, the judge is likely to be able to allow re-location. For example, a child can visit the non-custodial parent for the whole summer, if visit during the school year cannot be implemented.

If a parent wants to take their child out of state temporarily, as a holiday, the withdrawal rules do not generally apply. Instead, the parent must give the information details to other parent or their lawyer to find out where to go, how to reach them, and when they return.

Another situation in which the rules for the removal do not apply is when a parent wants to relocate with the child in another city in the same state. It is generally accepted, unless parents have signed an agreement on the same.

2 comments:

  1. Hello there! Thank you for sharing your thoughts about child support lawyer in your area. I am glad to stop by your site and know more about child support lawyer. Keep it up! This is a good read. I will be looking forward to visit your page again and for your other posts as well.
    Child support is based on the policy that both parents are obliged to financially support their children, even when the children are not living with both parents. Child support includes the financial support of children and not other forms of support, such as emotional support, physical care, or spiritual support.
    In child custody litigation, a legal custody award is the ability to make legal decision for your child while a physical custody award is the responsibility of daily parenting and care. Courts review all factors related to each custody type before making decisions and judges may grant joint custody, sole custody or a parenting plan that provides custody to both parents.

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