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 individual's life.

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:

  • Custody
  • 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 case needs.

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 of losing 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!