Relocation and the Arizona Family Court
The main difference in relocation efforts between a parenting plan with joint legal decision making authority and sole legal decision making authority is if the move can happen before the court makes a decision. If a parent with sole legal decision making authority wishes to relocate with the minor child(ren) they must notify the other parent in writing at least forty five days prior to the planned move.
The other parent needs help from a Chandler family lawyer to file a petition to prevent the relocation in the family court if they are opposed. The parent with decision making authority CAN relocate while the court case is ongoing if the parenting time schedule can be substantially maintained. If the parents share joint legal decision making authority equally, relocation cannot happen until the court has made a decision regarding the primary residence of the child.
Our Apache Junction family law attorneys know that family court judges have a difficult job in general as they make decisions every day that shape the lives of children based on what small amount of information gets presented in the courtrooms. Relocation is one of the most challenging issues because judges have to decide which parent gets the most parenting time and which has to say good by to their child(ren) for a substantial amount of time each year. Therefore, relocation trials are often only a few hours long. Thus, meaning the judge gets a few hours to listen and observe each parent and hear their cases about why they are the better option for the children.
Relocations Should Be in the Best Interest of the Children
If a parent makes a case for relocation, with help from an Apache Junction family lawyer, it best be well thought out and clearly in the best interests of the minor children. Therefore, parents need to show they have a plan that includes: employment, a stable place to live, family and/or community supports that are not available to the parent in their current home state. Additionally, they also need to demonstrate that they will continue to support a positive relationship with the other parent despite the geographical challenges. Plus, there should be better schools, better opportunities, and a demonstration of all of the most compelling benefits for the children.
Please be mindful when considering relocation, The desire to relocate is only part of the case that needs to be made. Additionally, one must have a plan. And, this plan needs to be a good plan, well thought out, and detailed. A trusted family attorney in Avondale or a Phoenix child custody lawyer can help advise you during this stressful decision making process.
If the parent desiring relocation is not already the primary residential parent they will have a much harder time proving such a change is in the best interest of the children. The relocating parent should also be prepared to receive less monies in child support if there will be an increase in travel costs. Plus, the relocating parent is the one that ‘created the burden’ of travel costs. Consequently, the other parent will receive a credit for the inconvenience.
Considering a Relocation through the Arizona Family Courts? If so, please contact My Arizona Lawyers family attorneys for a free consultation. Our experienced Phoenix family law attorneys can assist you with Relocation plans and conversely we can help you stop the other parent from relocating with the children.