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Relocation

ARIZONA RELOCATION ATTORNEY

movingWhen a parent wishes to move, or relocate, out of town or out of state with the children, there are some very important Family Law legal issues to consider. A judge must weigh the competing interests of both parties involved: one parent’s life may be improved significantly by the move, yet the other parent will not get meaningful or frequent contact with the children.

Because of the complex issues of child custody, visitation/parenting time, or child support, it is important to involve a competent and experienced Arizona Relocation Attorney who can either negotiate to help to bring about a successful resolution and workable agreement to both parties, or to defend a contested custody litigation. Our firm will fight for your right as a parent.

Parents have a right to maintain and nurture their relationship with their children.  This is difficult to do if they are separated by distance. The court considered several factors when determining a proposed relocation, always considering the child’s best interest.  Some of the Arizona Family Law Court considerations for relocation:

  • motives for relocation
  • child / parent relationships
  • improvement of quality of life and well-being of the child with a relocation
  • present environment
  • wishes of the child and parents as to where the child will live

Consult with a qualified Arizona Family Law attorney who can protect your parental rights — whether you are moving, or the other parent is moving.  Involving an attorney who can effectively deal with relocation issues is going to help you to obtain a successful outcome in your family matters.

ARIZONA CHILD CUSTODY RELOCATION LAWS

In Arizona, child custody is now recognized as legal decision making for a child.  Visitation is defined as parenting time. One or both parents may be given legal decision making authority for a child.  Typically, Arizona court will find in the best interest of a child, not necessarily favoring one parent over another.

RELOCATION PREVENTION PETITION

The non-moving parent may petition to have the court stop a relocation within 30 days after the notice is made.  The non-moving parent must prove that the move is not within the child’s best interest. There are circumstances that may allow a parent to temporarily relocate a child despite a petition.  Please consult an attorney experienced in dealing with relocation, Arizona Family Law, Arizona court processes, and relocation issues.

MODIFICATIONS AND PARENTING TIME

For the non-moving parent, a long-distant relocation can be difficult. The court aims to make arrangements to safeguard the relationships with both parents, despite a relocation. Both parents are obligated by law, regardless of distance, to uphold a courts decisions of current orders regarding parenting time.

Making modifications to a legal parenting time order or legal decision-making order must be filed with the court. In many cases, some time must pass since the original order.  Allowances may be made for this time period if there is reason to believe that the child is in a dangerous environment.