Law Offices of David P. Schwarz Family Law Lawyer

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Aggressive defense of your rights in all matters relating to family law as well as criminal law

Child Custody And Move Away Issues

At the Law Office of David P. Schwarz, we are experienced child custody move away attorneys. As Orange County lawyers, we have litigated and fought for and against the custodial change of a child from one jurisdiction to another. Please contact our office at 949-296-4119 or via email for a consultation.

A parent in Orange County who chooses to file for a move away order must fulfill the requirements of the family law code. The code states that a parent with sole physical custody of the children has the presumptive right to change the children’s residence which means to move away with the children. An attorney can assist you in attaining this order.

Staying Focused On The Best Interests Of Your Child

Orange County courts do not have the authority stop that decision unless the move is detrimental to the child. “A parent entitled to custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.” At the Law Office of David P. Schwarz, we are very familiar with Orange County move away cases. The quality of the custodial parenting whether both parents were cooperating with the other does not determine whether one parent can stop the other parent from moving.

An Orange County move away attorney can assist a parent in getting an order for a move away in the Orange County Courts.

It is important to note that there must be a “final judicial custody determination.” That means the Orange County Court must have made a prior final Order with regards to Custody.

The second most important factor an Orange County judge must determine is if the move would be detrimental to the children.

It is important that your Orange County court order states that the custodial parent has been awarded both sole legal and sole physical custody. But that still means that there is no absolute right to change the children’s residence. Our lawyers can assist you in making sure that your order is correct.

A post final order decree motion to the court requires the showing of detriment in the litigation. However, if a lawyer made an initial filing for custody, then the argument for a move away involves only consideration of the standard of the best interest of the child.

The first order the Orange County family court issues only deals with the best interest of the child with regards to a move away case. The courts then have broad discretion to manufacture an appropriate parenting plan for the parents. Our lawyers will argue on behalf of our client whether a contemplated relocation of the child is in the best interest of the child.

We Have Spent Years In The Courtroom. Call Us Today.

At the Law Office of David P. Schwarz, we have enormous experience in arguing on behalf of our clients the pros and cons of a move away child custody order. We have spent many years in the courtroom achieving great results for our clients with these cases. Please call our office at 949-296-4119 or contact us via email949-296-4119 for consultation.