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After my divorce, can I move away? San Diego Divorce law
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Paul’s new YouTube Video: Moving after filing for divorce?

San Diego Divorce and Family Law Attorney, Paul Staley, released a new YouTube video for people who, after filing for divorce, want to, or need to move away: Moving after filing for divorce? – Relocating after filing for divorce? What you should know before you move…

Moving  after  your divorce

Moving after divorce  with kids is a big decision. You will find a standard provision in any permanent custody order in California is “Neither parent may change the residence of the minor child or children outside the county without the written consent of the other parent or further order of the Court.”

In San Diego County we may see more than an average share of “move away” with children requests because of the large number of military service members.  Service members are rotated or transferred regularly. A service member may separate from the military and want to return “home” – i.e somewhere other than San Diego – and the other parent may decide they would like to stick around.  Or the inverse happens, where the service member is transferred and the other parent would rather stick around.

If you find yourself in this situation, don’t move away first and then hope for grace from the Court. I have handled more than a few cases when a parent did that –  moved first thinking they could get “forgiveness” after the fact, and then they ended coming to me to do damage control.  Moving is a big deal.  Make sure you do it the right way.  Get your ducks in a row long before you’ll need to move or, if you’re the non-moving parent, gear up to oppose the move if you want to change custody.  The parent who moves away (with the children) without first getting a Court order allowing the move never endears himself to the judge.

Transcript of Paul’s Video

Moving after filing for divorce? – Relocating after filing for divorce?

If I file for divorce in San Diego do I have to continue staying here? Do I have to stay in San Diego City or county? The answer’s “no”. We handle lots of cases where people have filed here and have moved out of state. Obviously, in San Diego with as many military service members as we have, we often have clients who may have filed here and then will be deployed so they’re not physically present here. Your physical presence is not required –unless– the case gets to a point where it’s going to involve a settlement conference or trial where you really do have to be physically, personally present. But you’ll have to continue living here, you can move.

 Call us if you think we can help – (619) 235-4095

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