When a proposed measure threatens a genuine joint custody agreement, the parties will in principle find themselves in court on a “level playing field”. In this case, the Court of Justice will put itself in the mouth with the “de novo” decision, which means that it will redefine the primary custody system that is in the best interests of the child, based on the same standards described above. It is, in fact, a “do over” in which the Court of Justice can make a brand new decision on the basis of the best interests of the child in light of the proposed move (Family Code, Section 3087; Burgess wedding, supra 13 C4th to 40). If you are in a situation where you want to remove a child from the state or prevent your spouse or partner from taking your child out of the state, you should speak to an experienced lawyer for the transfer of children to San Diego. Huguenor Mattis, A.P.C. has successfully represented San Diego parents for more than 35 years. You want to do the best for your child, and our family lawyers can help you do it. For a free case evaluation, call (858) 458-9500. If you want to move with your child, there are things you can do to help your case.
Before applying for a non-governmental move in the Family Court, you will find specific details about the reason for the move, the exact location of the move and the benefits to the child. If possible, develop a co-parent plan that keeps your child`s relationship with the other parent intact after the move. The courts strongly support a relationship between the child and both parents. However, there can and often are specific provisions that are contained in the judgment, which prescribe how travel to and out of the country are handled. These orders may vary from case to case. sometimes. In fact, I now have a few cases in which we go to court, whether or not a parent should have sole custody or exclusive decision-making power over drugs. It`s a very hot topic right now.
For example, one parent wants to treat one child with ADHD or psychotropic medications, and the other does not want to treat the other parent. Can I transfer my child from the state of California? The county? The country? You should also carefully review your existing custody and visitation order and ensure that there are no restrictions on leaving the state or your country with the children. If there are restrictions on whether you can take your children out of your country or state, you usually need a court order that grants you a special travel authorization. It is always best to apply for custody orders in the event of separation or when the parents have never been married and do not live together. This is a clear order that can be applied if there are problems in the future.