Parental Relocation & Interstate Custody

There are many situations when a divorced or unmarried custodial parent wants to move to another part of Arizona, another state, or even a foreign country. While parental relocation for job opportunities or family reasons might make good sense, the parent left behind has the legal right to object.

If you are on either side of a parental relocation question in Greater Phoenix, the advice of an experienced family law attorney can help you understand your rights and avoid mistakes. Contact the Phoenix law firm of Lasiter & Jackson to learn about your options when the parent with sole or primary physical custody plans to move away.

What to Do When a Custodial Parent Wants to Move Away

If both parents live in Arizona and share custody or parenting time (visitation) rights, a custodial parent who wants to move with the child out of state or to a place more than 100 miles away must give the other parent at least 60 days notice of the intended move. The parent receiving notice of the intent to relocate has 30 days to object to the move or seek court intervention.

Arizona law gives the court the power to refuse permission to move the child away unless the parent who wants to relocate can show that the relocation is in the child's best interests. In determining what is in the child's best interests, the Court must consider many factors including the impact on the non-custodial parent's parenting time that will result from the long-distance move. The parent proposing the move has the burden of proving that the relocation is in the child's best interests.

We Also Advise Parents About Interstate and International Child Custody

If you need advice about the effect or enforceability of an Arizona family court order in another state or even overseas, the attorneys of Lasiter & Jackson can provide reliable counsel. Our familiarity with such laws as the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) and the Hague Convention can help you understand your rights and solve problems across state lines or international borders.

In some cases, it is difficult to determine where to file a case when seeking an initial child custody determination or modification. If one parent lives in one state and the other lives in another state, it can be confusing as to which state has jurisdiction to hear the case. Our lawyers are adept at resolving jurisdictional issues, and can counsel you as to your rights and obligations.

We'll Help You Understand and Protect Your Rights

Your rights as a parent are only as good as your practical ability to enforce them. To learn how you can benefit from our experience with interstate and international child custody issues, contact Lasiter & Jackson in Phoenix.