Relocating with Children after an Arizona Divorce
Scottsdale firm aids parents looking to move and those seeking to stop relocations
A job loss, a transfer to a different worksite or another unexpected event could require you to find a home in a new location, perhaps hours away from where you live now. However, if you live apart from your child’s other parent, moving might upend your current custody and visitation framework. At Clark & Schloss Family Law, P.C., we assist parents facing issues involving relocation with minor children after Arizona divorce. Regardless of whether you’re looking to relocate or intending to stop your son or daughter from moving farther away from you, our experienced attorneys offer sound advice and will work to help you reach an appropriate solution.
How far away can an Arizona parent with joint custody move?
Parents who share legal or physical custody must cooperate on critical matters. A relocation could threaten the non-moving party’s ability to continue with visitation and maintain a strong bond with their son or daughter. Accordingly, a parent who wishes to leave Arizona or move 100 miles or more away within the state must get approval from their co-parent or the court. Whether you wish to move with your child or seek to stop a relocation, our Scottsdale child custody attorneys can advise you of your legal options.
Issues associated with a noncustodial parent moving out of state or long-distance
When a noncustodial parent moves out of state or to a distant location within Arizona, it is usually in everyone’s best interests to review the parenting time schedule for needed modifications. If the existing plan calls for frequent nights at the noncustodial parent’s home during the school week, you might wish to adjust the visitation terms so that they call for fewer, longer visits on weekends and during vacations. Transportation also becomes more complicated when parents live farther away from each other, so modifications can address how the arrangements will be handled and who will pay any extra costs.
What notice is required for a custodial parent to move out of state?
Before a custodial parent moves with their child out of state or more than 100 miles from their current home, they must give the child’s other parent at least 45 days’ notice. If you intend to find a new home, it’s best to tell your co-parent as soon as possible because modifying a child custody agreement can be a complicated process.
Can a custodial parent be stopped from moving with your child?
As with all matters relating to parenting arrangements, contested relocation cases require that judges determine what is in the child’s best interests. A noncustodial parent opposing relocation might emphasize how moving would disrupt the child’s routine, education and peer relationships.
How to win a child relocation case in Arizona
The party petitioning for relocation should detail reasons why the move is necessary, explaining the benefits that the new home offers to the child and the ways they will support the other party’s visitation rights in view of the changed living situation. A parent opposing relocation and looking to have their child move into their home should likewise focus on ways to preserve strong ties between their son or daughter and the other parent.
Contact an Arizona family lawyer for a consultation about a relocation matter
Clark & Schloss Family Law, P.C. assists Arizonans in negotiations and legal proceedings related to parental relocation. Please call 602-789-3497 or contact us online to schedule a consultation with one of our experienced attorneys. Our office is in Scottsdale.