Arizona Relocation and Move-Away Cases
One of the most contentious issues arises when one parent wants to relocate out of state or far across town. At the Daly Law Firm, we help parents protect their rights when dealing with relocation issues.
Scottsdale Child Relocation Attorney
If you have questions regarding your rights as a parent contact an experienced Arizona relocation lawyer at the Daly Law Firm to discuss your case.
Do I need to give notice to relocate or move-away in Arizona?
If you are anticipating relocating it is important to comply with Arizona’s notification statute. If both parents are entitled to custody or parenting time the relocating party must provide at least sixty (60) days advance written notice to the non-relocating party.
Notice must be given by certified mail, return receipt requested. However, there may be exceptions to this statute such as a provision regarding relocation is already included in the parties’ parenting plan. It’s important to have an Arizona relocation lawyer review your parenting plan to determine what options may be available to you
How does an Arizona court determine if a parent can relocate or move-away?
A parenting who is not granted custody is entitled to reasonable parenting time with the parties’ child. A out of state move may significantly interfere with a parent’s visitation. The relocating party must establish that it would be in the best interest of the child to move away from the non-custodial parent. The court will consider the factors outlined under A.R.S. 25-408(I) including:
- Whether the relocation is being made or opposed in good faith and not to interfere with or to frustrate the relationship between the child and the other parent or the other parent’s right of access to the child.
- The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child.
- The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders.
- Whether the relocation will allow a realistic opportunity for parenting time with each parent.
- The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child.
- The motives of the parents and the validity of the reasons given for moving or opposing the move including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations.
- The potential effect of relocation on the child’s stability.
In addition, the court will generally consider the factors outlined under A.R.S. 25-403. As an experienced Arizona relocation lawyer I have represented numerous clients in relocation and move away cases. If you are looking to relocation, or you are the parent opposing the move, I can ensure your rights are protected before it’s too late. In Arizona, timing is of essence in relocation and move-away cases.
Daly Law Firm, PLLC - Phoenix Relocation and Move-Away Lawyer
At the Daly Law Firm, we understand that relocation cases can be highly emotional and stressful. If you are seeking an Arizona family law attorney for a relocation matter in Phoenix, Scottsdale, or the area of Maricopa County, call us at (480) 607-8308 for a free consultation.