Interstate Custody

San Diego Child Custody Lawyers: Interstate Custody

When there is a threat to your rights as a parent or your relationship with your child, it is natural to feel overcome with anxiety or apprehension about your case and your future with your child. When parents separate and a custody order is established, one parent may pursue all avenues possible to deprive the other parent of his or her parental rights — including moving to another state with the child.

Move-Aways, Relocation and Interstate Custody Laws

There are many legitimate reasons for a custodial parent to move out of state with the child, such as relocating for employment or economic reasons. However, in other instances, the move is merely to spite the other parent, to find a state with more appealing laws, or to move the case to a location that is financially more difficult for the other parent to seek proper representation. California has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

California retains jurisdiction to “enforce” its orders. The UCCJCA dictates that if all parties have left the state, a custody/visitation order can be registered in the state the child has resided in for at least six months. Upon registration, modification of orders can be pursued in that state. California does have continuing jurisdiction, but generally will a new state to take over if the child has resided in the new state for more than six months and all parties have moved from California.

At the Law Offices of Keen & Genochio, we assist San Diego area clients with interstate custody issues and out-of-state clients with a custody case in the San Diego area. Our interstate custody services include:

  • Petitioning for or contesting relocation/move-away cases
  • Interstate child custody enforcement
  • Interstate child support enforcement
  • Modification of child custody, visitation or child support
  • Interstate custody issues for military families
  • Other interstate custody disputes
  • California Family Code § 3422

Move-Aways, Relocation and Modification

Not only do interstate custody laws keep jurisdiction in the state, but California laws require relocating parents to seek approval in most cases prior to moving with the child out of state. Failure to seek proper written permission from the other parent or court approval prior to the relocation could result in the court requiring that you return to California until the matter is resolved. In addition, you could be found in contempt of the court for violating an existing child custody arrangement which could influence the court’s opinion on the matter.

Our attorneys help clients protect their interests and the best interests of their children in cases involving interstate custody and related concerns. We have been serving clients in the San Diego area for decades and are truly dedicated to helping clients through times of turmoil.

If you have questions about your rights in an interstate custody proceeding or need experienced legal counsel in a relocation case, contact our San Diego County law firm and schedule your free initial case evaluation.