Relocation / Move-Away Cases in Phoenix
Issues at Stake in a Relocation Case
Relocation cases are one of the most difficult and emotionally charged
matters in the field of
family law. Move-away cases are difficult for all parties involved because of what
is at stake. The judge must weigh each of the different interests that
are being presented and make a decision that can drastically change each
No matter what side of a relocation case you are on, it can be a challenging
experience. Parents who wish to move out of town or out of state with
their children often face opposition from the other parent who may be
deprived of frequent and meaningful contact with his or her children.
All of the following concerns will be affected in a relocation case:
- Parenting time
- Child support
Cases Involving Parental Relocation After Divorce
A common dispute that can occur after a
divorce is a dispute over the relocation of one of the parents. When a custodial
parent desires to move away and take the child(ren) with them, the
visitation rights of the non-custodial parent may be jeopardized. In Arizona, the
law requires the custodial parent to get a court-ordered modification
of the custody / visitation agreement before he or she may relocate to
a distant location (such as another state) with their minor children.
Are you facing a dispute such as this? Whether you are a custodial or non-custodial
parent, it is very important to consult a knowledgeable family law attorney
who can help you understand your rights and make an informed decision
about how to proceed. Contact Steven N. Cole, LLC for this kind of help
in the Greater Phoenix and East Valley areas. Our Phoenix divorce lawyers
do their best to offer the experience and legal representation that your
Defend the Best Interests of Your Child
The court will look at what is in the best interests of the child when
determining whether the relocation request should be accepted or denied.
The judge must consider all relevant factors, including:
- Wishes of the child's parent or parents
- Wishes of the child as to the custodian
- Interaction of the child with parents
- Child's adjustment to home, school, and community
- Mental and physical state of all individuals
The guiding principle that judges utilize when making a decision in any
custody or visitation dispute is the best interests of the child. When
determining to grant or deny a custodial parent's request to move
to a distant location with a minor child, the court will consider the
impact the move will have on the minor child, including the impact on
the child's relationship with the noncustodial parent. It is critical
that any custodial parent wishing to move to a new location with a minor
child obtain prior court approval. A custodial parent who moves out of
state or to a distant location without a court order risks the possibility
custody of his or her children.
There are numerous reasons why a custodial parent may wish to move to a
new location, including job relocation, improved educational opportunities
for his or her child, or a desire to live close to the child's grandparents.
A court will closely examine how a potential move would impact the welfare
of the minor child and make a determination that it feels is best for
the child. Parents may negotiate an agreement to avoid the necessity of
a formal hearing. The assistance of an experienced AZ family law attorney
is critical to anyone seeking to resolve such disputes amicably by agreement
or by a contested hearing.
Experienced Representation from a Divorce Attorney in Maricopa County
At Steven N. Cole, LLC, we are dedicated to helping our clients with their
cases and providing them with the resources they need for a successful
result. We understand how important this case is to you, which is why
we offer a
case evaluation to help you get started. Our divorce attorney serving Phoenix has more
than 20 years of experience that can be used to your benefit.
Do not wait to receive the assistance you need -
call our Maricopa County firm today!