Move Away & Relocation2023-12-13T12:53:35+00:00

The Implications Of Move-Aways In Our Mobile Society

When couples with children divorce or separate, custody and visitation arrangements can be affected by many circumstances. One such circumstance is when either parent wants to move away, whether to a new neighborhood or to another state.

Ultimately, either parent may move away. There are no laws preventing a parent from relocating for any reason, whether to accept a job or seek family support. However, the state prohibits the custodial parent from moving the children without the consent of the other parent, without first examining the custody and visitation implications.

The Process

In California, the parent who has physical custody of the children must file a move-away petition to get permission from the court to move with the child if the other parent objects to the move. At the same time, the noncustodial parent has the right to file a petition to modify custody or visitation rights when the custodial parent moves away.

At The Dorie A. Rogers, our Orange County child move-away lawyers understand the complex legal and emotional issues involved with move-away hearings. We can help you file an application for a hearing, or we can provide legal advice if your co-parent is planning a move

Kidnapping Implications

Child custody is possibly the most sensitive family law issue. You need to be fully aware of your parental rights and obligations during move-away case. If proper legal actions are not taken, either parent could be exposed to federal kidnapping laws. You cannot just leave the state with the children, even if you have physical custody.

Huntington Beach, California, Lawyers Guiding You Through A Petition To Modify Custody

When one parent decides to move away, it is often difficult for the children. Attorney Dorie A. Rogers has nearly 30 years of family law experience and also has a mental health background, which helps her identify and explain the emotional effects a move-away may have on your children.


Depending on your situation and your desired outcome, it is important to consult a lawyer as soon as possible. The court looks at a number of guidelines when deciding whether to allow the party to move with the children. They generally consider the children’s best interests, or the relevant legal presumption, several existing factors and where you may be in the process of divorce.

Planning is critical. If child custody needs to be evaluated, the court can ask for a child custody evaluation. We can help develop strategies and carefully craft your argument to pursue the results you wish to achieve.

Call Our Orange County Attorneys To Assist With A Relocation Case

For more information, or to schedule a consultation in our Orange County office, please call us at 714-602-1492 or send our Huntington Beach, California, petition to modify custody attorneys an e-mail.

Reviews Quotes
“Dorie is a very powerful attorney and a great asset to have on your side in any family legal matter. She is extremely bright and insightful, and I got everything I asked for in my lawsuit.”
Brit B.
“I would strongly recommend Ms. Dorie Rogers for any legal needs. During my Divorce proceedings, Dorie’s professionalism, expertise in Divorce Law and legal skill helped bring my case to a close in both a timely and mutually agreeable manner.

Additionally, Dorie took the time to understand me and my background to better represent me in my case. She showed a level of caring and concern that helped me through a very difficult time. She is an outstanding lawyer and wonderful person.”

Alan M. Greenberg
“Second to none – I wouldn’t hesitate to recommend Dorie to anyone. She was my attorney for my divorce and custody case. She will do everything it takes to get the job done and all with a smile on her face. Her knowledge and expertise will assist anyone in a family law situation get the results they want.”
Todd M.


Go to Top