Relocation Lawyer San Diego

Relocation can be a turning point in a child custody case. Whether it’s a job opportunity, proximity to extended family, or the desire for a fresh start, moving to a new city or state after a separation often involves legal complexities—especially when children are involved. In San Diego, relocation cases, also known as “move-away cases,” can reshape parenting time, custody orders, and long-term family dynamics.

At Enright Family Law, we help modern families navigate relocation requests and disputes with sensitivity, strategy, and a firm grasp of California family law. Whether you’re the parent seeking to move or the one concerned about losing parenting time, our role is to protect your child’s best interest—and your legal rights. With offices in San Diego and Bellevue, we are happy to help you with your family law case.

What Is a Relocation Case?

A relocation case arises when one parent wants to move to a new location with the child, and the move would substantially interfere with the other parent’s custodial time or parenting rights. In California, any proposed move that significantly changes the child’s routine or access to the other parent may require court approval.

These cases often arise after:

• Divorce or legal separation
• Final custody orders have been entered
• One parent gets a new job or remarries
• A parent needs to move closer to extended family or support systems
• Health, education, or safety concerns prompt a change in residence

Relocation cases are some of the most emotionally charged and legally complex family law matters, and they require skilled legal guidance.

Legal Standards for Relocation in California

California courts do not automatically approve or deny relocation requests. Instead, they evaluate whether the move is in the best interest of the child. The standard the court uses depends on the type of custody arrangement in place:

If One Parent Has Sole Physical Custody:

The custodial parent generally has the presumptive right to move, but the non-custodial parent can object. It then becomes their burden to show that the move would be detrimental to the child.

If Parents Share Joint Physical Custody:

Neither parent has a presumptive right to relocate. The court will weigh multiple factors and make a new determination about what custody arrangement best supports the child’s welfare.

Factors the Court Considers in Relocation Cases

San Diego family courts evaluate several key factors when determining whether to approve a relocation request:

• The child’s age, emotional ties, and relationship with both parents
• The reason for the proposed move
• The distance of the move and how it will affect visitation
• The impact of the move on the child’s education, stability, and well-being
• The ability to maintain frequent and continuing contact with the non-moving parent
• The parents’ co-parenting dynamic and communication
• Whether the move is made in good faith or as a tactic to interfere with the other parent’s relationship

The court may also consider the child’s preference if the child is mature enough to express an informed opinion.

As experienced relocation lawyers in San Diego, we help present your case in a way that speaks to the court’s priorities while honoring your family’s specific needs.

The Process of Requesting or Opposing Relocation

If you are requesting to relocate with your child:

1. File a Request for Order (RFO) with the court, stating your intention to move and explaining why the move supports your child’s best interests.
2. Provide evidence supporting your plans—such as job offers, new housing arrangements, school districts, and childcare options.
3. Offer a modified parenting plan that ensures continued contact with the other parent.
4. Attend a court hearing, where both sides present arguments, and a judge decides.

If you are opposing a move:

1. Respond to the RFO with an objection and a declaration explaining your concerns.
2. Highlight how the move could damage your relationship with your child or destabilize their life.
3. Propose an alternative parenting plan or request a change in custody if needed.
4. Prepare for mediation or a custody evaluation if ordered by the court.

At Enright Family Law, we guide you through this process step-by-step—whether you’re planning the move or protecting your parental rights.

Relocation and Modern Families

Relocation cases can become more nuanced in modern family situations. We frequently represent:

• Unmarried co-parents who need to protect parenting time
• LGBTQ+ parents with complex parental rights or blended families
• Military families or remote workers needing long-distance arrangements
• Parents in blended families coordinating multiple custody schedules
• High-conflict co-parents where communication is already strained

Modern families deserve modern legal representation. We approach relocation cases with solutions that reflect today’s realities—remote visitation options, parallel parenting plans, and multi-household cooperation strategies.

Alternatives to Litigation

While many relocation cases require court involvement, we encourage families to explore alternative resolutions whenever possible:

• Mediation: A neutral third party helps both parents explore workable compromises.
• Stipulated Agreements: Parents negotiate a new parenting plan and file it with the court for approval.
• Parenting Coordination: In high-conflict cases, a trained parenting coordinator may help manage communication and transitions.

If both parents can agree on a plan that prioritizes the child’s needs, the court will often approve it without a full hearing. We help you explore every option to avoid unnecessary litigation—without compromising what matters most.

What If the Other Parent Moves Without Permission?

If a parent relocates with a child without court approval, the other parent can file for an emergency order to compel the child’s return. Unauthorized relocation is taken seriously and may result in:

• A change in custody
• Contempt of court charges
• Fines or other penalties

If you’re concerned about an upcoming move—or need to protect your child from unauthorized relocation—our firm can act quickly to assert your legal rights.

How We Can Help

At Enright Family Law, we understand that relocation is more than a legal issue—it’s about your relationship with your child, your ability to build a stable life, and your family’s future. We provide thoughtful, strategic guidance for San Diego families facing move-away cases, whether you’re seeking court approval or opposing a proposed move.

We help you:

• Evaluate your options based on your current custody arrangement
• File or respond to relocation requests
• Create proposed parenting plans and schedules
• Present strong, well-documented evidence in court
• Negotiate agreements through mediation or settlement
• Represent you in court hearings and evaluations
• Navigate relocation within California or out of state

Contact Enright Family Law today to schedule a consultation with a trusted relocation lawyer in San Diego. We’re here to help you move forward—legally, practically, and with your child’s best interest at the center of every decision.