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Relocation Cases After a Divorce

Relocation or Move-Away cases are some of the most complex and emotionally exhausting matters of Family Law. Whether it is a parent who wishes to move out of town or out of state with the child or children, or it is a case of child relocation, the cases are extremely difficult not only for the parties involved, but also for the judges.

Judges have to weigh different aspects in these cases, such as if it will be in the best interest of the child, or if it will favor the parent who is planning to move, or if it will deprive the other parent of visitation and parenting time.

A number of legal issues arise when a parent plans to relocate. Some of the obvious ones include child custody, parenting time or visitation, as well as child support. If the mother and father can come to a mutual agreement which benefits everyone, then a contested custody litigation can be avoided. However, if a workable arrangement cannot be made, then you need to speak to a family law attorney to negotiate a successful resolution to the case. The matter will be taken up in court where the judge will have the final decision making power.

The Best Interests of the Child

Like custody cases, relocation cases also take the best interests of the child into consideration. If a parent wishes to move away with the child, the court must balance the interests of the non-moving parent in having a meaningful relationship with the child as opposed to the prospect that the move might improve the quality of life of the moving parent as well as the child. Such decisions are very difficult to make for any judge.

A.R.S. § 25-408 provides the standard which has to be used by the court to make the decision whether or not the parent should be allowed to make the move. Since both parents are entitled to reasonable parenting time, relocation can disrupt this contact with the parents. Moreover, moving out can also affect the other parent’s parental rights.

Notice Requirements

According to the Arizona Family Law, a parent who is not granted custody of the child is entitled to reasonable parenting time rights. Secondly, if both parents are entitled to custody or parenting, and both parents live in the same state, the parent must provide an advance written notice at least 60 days before relocating the child outside the state or relocating the child more than 100 miles within the same state.

If the primary custodial parent plans to move, they have to notify the non-custodial parent that they are planning to move with the child/children. This move could cause complications with any existing court orders. However, obtaining modifications can help resolve any issues.

Contact An Experienced Family Law Attorney

In relocation cases, it is crucial to contact an experienced family law attorney who can make a long-distance parenting plan and aggressively represent you if you plan to relocate and the move is contested by the other parent. A good attorney will always consider the best interests and wishes of a child and will come up with a personalized solution to meet the specific case.

Contact the Cantor Law Group to resolve a relocation case. The team of Divorce Lawyers working at the Cantor Law office will provide you the effective representation that you are looking for. Call (602) 254-8880 for a free consultation right away to discuss your case.

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