Phoenix Child Relocation Lawyer

A.R.S. §25-408(I)

• Whether the relocation is being made or opposed in good faith and not 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 of the move for improving the general quality of life for the custodial parent or for the child,
• The likelihood that the parent with whom the child will reside after the relocation will 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.

What To Do In Anticipation of Relocation

When the parties share legal decision making, both are entitled to unsupervised parenting time, and both parents reside in the state of Arizona, at least sixty (60) days advance written notice shall be provided to the non-moving parent before the moving parent relocates the child outside of Arizona or relocates the child more than one hundred 100 miles within Arizona unless a provision for relocation exists in the parties’ parenting plan or by court order which specifically permits the child’s relocation. The required written notice must be made by certified mail, return receipt requested. A parent that does not comply with notification requirement can be subject to sanctions pursuant to A.R.S. §25-408.

Within 30 days of receiving the notice, the non-moving parent may request a hearing to prevent the relocation. A parent with sole legal decision making or joint legal decision making and primary physical parenting time may be allowed to relocate pending a hearing if health, safety or employment require it. A parent who shares joint legal decision making and substantially equal physical parenting time may only relocate pending a hearing if both parents execute a written agreement to permit the relocation of the child. Otherwise, the parent must obtain the permission of the court. Other factors may apply.

It is our best advice to always consult with a qualified family law firm prior to attempting to relocate with the children, or if the other parent has informed you of their intent to relocate with the children. This does not apply to short moves that will not affect the children’s school or activities. However, if the contemplated move may impact the children, time is of the essence!

Hire a Child Relocation Attorney

If you desire to relocate with your children, or if the other party desires to relocate with your children, this is probably one of the most important times for you to consult with an experienced family law attorney. If you relocate with the children without the other party’s permission or a Court order, the judge may be very upset and may go so far as to grant the other party legal decision making or primary parenting time with the children.

On the other hand, if the other party is planning to relocate with the children, and you oppose the move, we highly recommend that you file a motion to prevent the relocation as soon as possible. The Court may be more likely to preclude a party from relocating with the children if the move has not taken place yet, as opposed to requiring a party who already moved with the children to move back if a motion was not timely filed to prevent such move.

How Bishop, Del Vecchio & Beeks Law Office Can Help

The attorneys at Bishop, Del Vecchio & Beeks Law Office, P.C. have represented many parents dealing with issues surrounding child relocation and move away requests. If you have questions about your rights as a parent, contact Bishop, Del Vecchio & Beeks Law Office, P.C. today.