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Following a divorce that involves a child or children, the custodial parents may wish to relocate with the children. By Arizona state law, the court cannot keep a custodial parent from relocating, but a compromise can be difficult to negotiate between parents when visitation rights will be affected. As a result, these cases are typically resolved in court.
Many child custody orders require that both parents live in the same state. However, the custodial parent has the right to request relocation for a child, as long as the reasons for relocation are legitimate and in the best interest of the child. Child relocation is often granted in situations that involve the custodial parent getting a new job or remarrying.
If both parents already live in the same state and share custody, the parent that wants to relocate with the child more than 100 miles from their current residence must provide written notice 60 days in advance of a projected move. The non-custodial parent then has a 30-day window to decline the request. If they object, they must file a formal objection with the court, where a judge will set a hearing with both parents present to decide if the move is in the best interest of the child. If there is no response to the written notice, the court will assume that there is no objection, and will grant relocation, given that all reasons for relocation are valid in opinion of a judge. During this process, child custody agreements, child support payments, and visitation will be re-litigated.
Before approving relocation, the court must make specific findings and relevant factors that solidify that the relocation is being decided in the best interest of the child. The parent who wants to relocate has the legal burden of proving what is in the child’s best interest.
Examples of factors that the court will consider include:
- Reasons that the custodial parent wants to relocate (employment, family support, etc.)
- How the move will impact the child educationally and emotionally
- How the move will affect the other parent’s ability to visit the child
If you need representation in a family law dispute, contact an experience Phoenix Family Law attorney at The Sampair Group today to get a decision made in your favor.
