Tempe Family Relocation Lawyer
Helping with a Family Relocation Issue
Parent relocation is one of the most contentious issues in
family law because of strong emotions, uncertainty about the future, and little middle
ground. Is the move justified? Will it be good for the child? Will it
harm the other parent's relationship with the child?
At Arizona Family Law Attorneys, we have experience dealing with this complicated
and wrenching situation. We have represented the parent seeking to move
away, and we have represented the parent who would be left behind. We
have helped clients reach practical out-of-court solutions, and we have
advocated vigorously for clients in relocation litigation. Our law firm
handles all facets of child custody and family law for clients in Tempe
Discuss your case with us in an initial case evaluation.
Request yours online
or by calling (480) 418-0840!
Relocating with Children After a Divorce
Under Arizona statute, a parent needs the permission of the court to relocate
children out of state or more than 100 miles away after
divorce. The other parent must be notified 60 days in advance and has 30 days
to counter-petition to prevent relocation. If the move is contested, the
burden is on the relocating parent.
The court is chiefly concerned with the best interests of the child and
examines many factors, including:
- The current custody arrangements and parenting time ratio
- Opportunities and quality of life for the child and the parent in the new locale
- Whether the relocation is being made (or opposed) in good faith
- Whether the relocating parent will foster or undermine the child's
relationship with the other parent
- Other barriers to realistic parenting time and regular communication
The farther the move, the harder it is to obtain a judge's consent.
The court is also less inclined to grant relocation when the parents have
shared custody or nearly equal parenting time. However, relocation is
very case-specific. There may be legitimate and compelling reasons for
moving and practical concessions to make a difficult situation more workable.
Let a Tempe Family Lawyer Help You to an Effective Resolution.
Under affordable terms, we help clients work out the logistics to make
relocation as smooth and healthy as possible for the children and the
parents. Relocation will require modification of the parenting plan regarding
parenting time and visitation schedules. If your dispute must be settled
by a judge, our experienced Phoenix trial lawyers know how to prepare
and present arguments for or against custody relocation. We will fight
for your parental rights and your child's best interests.