Phoenix Relocation After Divorce Attorney

Once a petition involving custody has been filed and served, neither parent can take the children across state lines without written permission from the other parent or a court order. Once you and your former spouse or separated partner have a court-ordered parenting plan in place, neither parent can move the child out of range of the other without notice and, if the other party objects, then permission from the court.

Moving Out of State or Across the State, Away from Phoenix? Relocation After Divorce? Attorney Elizabeth J. Martinez Can Advise You on Parenting Time Issues

You must give 60 days' notice to the other parent for permission to move the child more than 100 miles. If the other party objects, then an Arizona family law court decides whether to approve a relocation, and the judge will consider factors including:

  • The child's best interests overall
  • Better income opportunity for the parent
  • The child's preference (once the child is somewhat older)
  • Improved quality of life for the child and moving parent
  • Plan for continued access for the other parent

Relocation is an area of family law that can be greatly affected by the age of the child. The younger the child is, the more frequent contact with both parents should remain, according to child developmental specialists. The older the child is, the more likely it is that he or she will have put down roots in the form of friends and community. In any family law matter involving children, including relocation cases, a child's wishes is a factor the court must take into consideration.The older the child, the more relevant is this factor. A parent can ask the court to order a child interview, which gives the child a chance to relay their wishes to a court-appointed counselor in a private setting.

Scottsdale Child Relocation Attorney

Contact me, Phoenix divorce and family law lawyer Elizabeth J. Martinez, to schedule a consultation, with no further obligation implied.