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Parental Relocation Explained by Experienced Divorce Lawyer in Phoenix, AZ

Posted on 7th August 2014 by RadiateWP in Blog, Divorce and Custody

relocation law include, but are not limited to:

  • Except for certain exceptions, when both parents reside in Arizona and each has custody or parenting-time rights, at least 60 days advance written notice of intent to either move with the child out of Arizona, or move with the child more than 100 miles within Arizona must be given by either parent
  • A parent will be sanctioned by the court if they fail to give this required notice unless the parent had “good cause”
  • “Within 30 days after notice is made” the non-relocating parent can object to the relocation by petitioning the court for relief
How Does the Court Decide Whether to Allow Proposed Relocation? As with most divorce issues in Arizona that involve a child, the court will decide whether to allow the proposed relocation based on what is in the child’s “best interest.” The parent attempting to relocate will then be responsible for proving that the relocation will, in fact, be in the child’s best interest. Arizona law requires that the court consider “all relevant factors,” which can include:
  • Whether the relocation is being made or opposed in good faith vs. to interfere with or to frustrate the relationship between the child and the other parent or the other parent’s right of access to the child.
  • The prospective advantage(s) that the move will have for improving the general quality of life for the custodial parent and/or for the child.
  • The likelihood that the parent who wishes to relocate with the child will continue to comply with parenting time orders.
  • Whether the relocation will allow a realistic opportunity for parenting time with each parent.
  • The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child.
  • The motives of the parents and the validity of the reasons given for moving or opposing the move—including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations.
  • The potential effect of relocation on the child’s stability.
Furthermore, the law also requires that the court allow a “meaningful relationship” to continue between the child and both parents—even if/when the relocation is granted. For example, if relocation with the child is granted for one parent, the court may extend the other parent’s allowed time with the child during school breaks and/or over holidays. Regardless of whether or not you are only in the early stages of divorce, anticipating a relocation matter, pursuing a relocation matter in court, or even just establishing a parenting plan, the advocacy and guidance of a highly-trained and committed divorce lawyer is of the utmost importance. With 30 years of experience in family law, Simon Law Group’s divorce lawyers in Phoenix, AZ can streamline and clarify each process. For 24-hour professional legal assistance, or to set up a free consultation with a Simon Law Group family attorney in Phoenix, please call 480-745-2450 or contact our firm. Simon Law can help you understand Arizona law.]]>

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All rights reserved. Website by Vuria