Family Law | Relocation
Divorce and Family Law Attorney in Prescott, Arizona
Divorce and Family Law Attorney in Cottonwood, Arizona
So there are child custody orders in place, but now you or your ex want to move somewhere else with the children? Can you do it? Can he or she do it? It depends.
Under Arizona law, a parent seeking to relocate the children out of state or more than 100 miles from where that parent presently lives, has to either obtain consent from the other parent or obtain a court order to relocate the children. This is not required if the other parent does not have legal decision-making authority or parenting time with the children, but that’s the only exception. And because most parents at least have parenting time with the children, the exception rarely applies.
Most of the time, the non-relocating parent does not consent to the move, especially if the move is out-of-state or far away enough in Arizona that the non-relocating parent’s parenting time would be adversely affected. So relocation matters generally end up in trial if they can’t otherwise settle.
In determining whether to allow relocation, Arizona courts examine a number of factors, including the standard best interest factors courts examine in standard custody matters and additional factors that focus squarely on relocation. It is vital that a person seeking to relocate not only know these factors, but also be able to present relevant evidence that bears on these factors.
Obtaining a court order allowing relocation is supremely difficult as Arizona law starts with the presumption that it is in a child’s best interests to have frequent and meaningful contact with both parents. Something that is pretty hard to achieve when parents live a substantial distance from one another.
If you’re seeking to relocate your children out of state or more than 100 miles away and your ex is not okay with it, you need the help of an attorney who knows the rules and the law. And while no attorney can guarantee results, you stand a better chance of being successful if you have someone on your side with knowledge and experience, than if you simply choose to go it alone.
Our Prescott and Cottonwood, Arizona family law attorney represents parents seeking relocation and parents opposing relocation. Put our attentive, compassionate, and trusted firm to work for you by scheduling a consultation today.