Child Relocation Post Divorce

As American Citizens, we have been granted the fundamental right to travel and move freely through throughout this great country. As such, with some exception, we are generally free to live in any State and/or city we please. However, if you are a divorced parent with minor children, this right can be significantly limited, especially if you have a desire to take the children with you.

Generally, if relocation of one parent is allowed, the other parent will face losing parenting time with the minor children if relocated too. As such, the law on reallocation of the pose a very heavy burden on the moving party.

Below is a list of common reasons a parent might want to relocate after divorce:

  • The relocating parent wants and/or needs a new job, or receives a job transfer;
  • The relocating parents intend to remarry or cove closer to their significant other;
  • The relocating parent or their spouse receives a military assignment;
  • The relocating parents needs to move for health and/or safety reasons;
  • The relocating parent intends to go back to school; and
  • The relocating parents wants to move closer to extended family for emotional and financial support.

Arizona Law on Relocation

A.R.S. § 25-408 reads in part:

A. If by written agreement or court order both parents are entitled to joint legal decision-making or unsupervised parenting time and both parents reside in the state, at least sixty days' advance written notice shall be provided to the other parent before a parent may do either of the following:

1. Relocate the child outside the state.

2. Relocate the child more than one hundred miles within the state.

F. The court shall determine whether to allow the parent to relocate the child in accordance with the child's best interests. The burden of proving what is in the child's best interests is on the parent who is seeking to relocate the child. To the extent practicable the court shall also make appropriate arrangements to ensure the continuation of a meaningful relationship between the child and both parents.

When determining whether the relocation is in the best interest of the child(ren), the Court considers a number of factors including:

  • The motives of each parent and if they are acting in good faith;
  • The likely effect on the quality of life of the child(ren);
  • How the move will impact the stability of the child(ren);
  • The wishes of the child;
  • The impact on parenting time; and
  • Important relations with the child.

Child custody matters are some of the most difficult and complicated cases to go through family courts. As such, you are encouraged to consult with an experienced Phoenix family law attorney to represent you through the process. With over 30 years of combined experience, the attorneys at Lasiter & Jackson will aggressively represent your interests in any child custody proceeding. Contact us today to schedule a free 30-minute consultation.

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