Tempe Family Relocation Lawyer

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 and Phoenix.

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.

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.