Phoenix Child Relocation Lawyer
It is not uncommon for one of the parents to desire to move with the children out of state/or even to the other side of town. Relocation raises significant legal decision making (child custody), parenting time and child support issues, especially if the relocation is out of state. Sometimes a parent’s requested relocation is not out of state, but such relocation is still far enough that it could affect the child’s education, extracurricular activities, etc. if it is a material distance from the other parent.
Pursuant to Arizona law, both parents are generally entitled to maximum and continuous parenting time to ensure that the child had frequent contact with the parents. Relocation disrupts this contact, as the decision to remove a child from the state or the other parent’s reasonable proximity will in many cases affect the other parent’s parental rights. As such, moving with the children presents a difficult problem. Unless the parents reach an agreement regarding such relocation, the moving parent will need to establish with the Court that the move is in the best interests of the child.
If one parent is contemplating moving out of state or another location that may affect the children’s best interests, you should consult with one of our Phoenix child relocation lawyers as soon as possible and hopefully before such move takes place.
Summary of Content:
- Arizona Child Custody Statutes
- What To Do In Anticipation of Relocation
- Hire a Child Relocation Attorney
- How Bishop, Del Vecchio & Beeks Law Office, P.C. Can Help
Arizona Child Custody Statutes
Arizona statutes apply to relocation cases. The Court first looks to the best interest factors in general, and then to specific relocation factors summarized below:
A.R.S §25-403
- The relationship of the child with the parents,
- The wishes of the child as to the custodian depending upon age and maturity,
- The interaction and relationship between the child and the child’s parent or parent are the child’s siblings and any other person who may significantly affect the child’s best interest.
- The child’s adjustment to home, school, and community
- The mental and physical health of all individuals involved
- Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent,
- Whether one parent, both parents or neither parent has provided primary care for the child,
- The nature and extent of coercion or duress used by a parent in obtaining an agreement re custody
- Whether either parent was convicted of an act of false reporting of child abuse or neglect under §13-2907.02.
- Other factors set forth in other statutes including domestic violence, substance abuse and mental health issues.
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.
Allyson Del Vecchio, Tawnia R. Wienke & Jackie Dabney
Allyson Del Vecchio is licensed in Arizona and Connecticut with broad experience in complex family law, high-net-worth cases, and juvenile matters. A former managing attorney and active legal community member, Allyson brings deep expertise and leadership to every case.
Tawnia R. Wienke has over 14 years of experience in family law, with a strong background in civil litigation, tax, and bankruptcy. An Arizona native and award-winning advocate, she is dedicated to helping families and provides extensive pro bono service. Tawnia maintains her own practice while contracting with Bishop, Del Vecchio & Beeks.
Jackie Dabney brings 30+ years in family law and was among the first in Arizona to be licensed as a Legal Paraprofessional (LP). She provides legal advice and representation at a lower hourly rate, with full access to the firm’s attorneys when needed.
Daniel Beeks
Dan Beeks has been an attorney in Arizona for over 30 years. He spent many years practicing with prestigious mid-sized and large law firms in Phoenix, specializing in commercial litigation. Dan began practicing family law when he and his former partners were frequently retained by other family law attorneys to represent family-owned businesses in connection with high net-worth divorces.
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