Relocation

Family Law

The reasons why parents choose to relocate are many and varied.  However, when a parent wants to relocate children outside of Arizona, or over 100 miles within Arizona, there are laws that govern such planned moves, which include the type of notice that must be provided, as well as the various factors the Court must look at to decide what is in a child’s best interests.  The non-moving parent is clearly directly impacted by a relocation of children.  Child relocation is a complex area of family law, with significant consequences for any missteps.  These relocation situations are best reviewed by an experienced family law attorney well before a planned move with children.

Understanding Relocation in Child Custody Cases

Relocation of children in custody cases can be one of the most complex and emotionally charged aspects of family law. In Arizona, specific laws and procedures govern these matters to ensure the best interests of the child are always the primary consideration. At Scottsdale Family Law, we specialize in navigating these challenging cases with sensitivity and expertise.

Arizona Laws on Child Relocation 

In Arizona, a parent with joint or sole custody who wishes to relocate with the child must provide the other parent with at least 45 days’ notice. This rule applies if the move is over 100 miles from the current residence or out of state. This notice period allows the non-moving parent time to object to the relocation.

Key Considerations in Relocation Cases

The court will consider several factors when determining whether to allow a relocation, including:

  • The reasons for the move: The parent requesting the relocation must show that the move is in good faith and for legitimate reasons, such as a job opportunity or to be closer to family.
  • The impact on the child’s well-being: The court will assess how the move will affect the child’s physical, emotional, and educational needs.
  • The child’s relationship with both parents: Maintaining a strong relationship with both parents is a critical consideration. The court will evaluate how the relocation will impact the non-moving parent’s ability to maintain a meaningful relationship with the child.
  • The child’s preference: Depending on the child’s age and maturity, their wishes may be taken into account.
  • The feasibility of a new visitation schedule: The court will consider whether a new visitation arrangement can reasonably maintain the relationship between the child and the non-moving parent.

How We Can Help

At Scottsdale Family Law, we understand the complexities involved in relocation cases.  Our experienced attorneys will:

  • Provide clear guidance on Arizona’s relocation laws.
  • Help you gather and present evidence supporting your case.
  • Advocate for your child’s best interests in court.
  • Negotiate on your behalf to reach amicable solutions, if possible.

Why Choose Us?

  • Expertise in Family Law: Our attorneys are well-versed in Arizona’s family law statutes and have extensive experience in relocation cases.
  • Personalized Approach: We understand that every family is unique. We tailor our strategies to fit the specific needs and circumstances of your case.
  • Compassionate Support: Relocation disputes can be emotionally draining. We offer compassionate support to help you navigate this challenging time.

Contact The Experienced Arizona Divorce Team at Scottsdale Family Law Today

Divorce can be a difficult process to navigate, but you do not have to go through it alone. Let the Scottsdale Family Law team help you through the process. To schedule an appointment, just give us a call at 602-279-1900 or fill out the contact form on this site.

Key Expertise:
  • Comprehensive understanding of family law, especially custody and visitation rights, as well as the legal standards and factors courts consider in relocation cases.
  • In-depth knowledge of custody arrangements, including joint custody, sole custody, and visitation schedules, and how relocation impacts these arrangements.
  • Proficiency in handling the legal procedures, including filing necessary petitions, gathering and presenting evidence, and ensuring all legal documentation is correctly prepared and submitted.
  • Significant experience in representing clients in court relocation hearings.

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