The terms outlined in a divorce decree are most likely to change as circumstances change in the lives of the parties involved. One of the more common changes that takes place involves the relocation of children. This happens when a parent with custody of a child or children moves to a new location for a better job, a new home, or even due to remarriage among other reasons.
Appropriate Notice and Relocation Requests
Arizona law dictates that specific steps should be followed when a parent plans to move a child more than 100 miles away. Appropriate legal procedures and court filings are required in order to comply with the law and avoid being held in contempt of court. This includes giving a 60-day notice by certified mail.
Once a relocation request has been properly filed with the court, circumstances must be evaluated to determine if the request will be granted. The moving parent must be able to prove that the move is in the best interests of the child. There are several factors that can play a role in this determination, including:
- Current relationship of child with both parents
- Current relationship and interaction with siblings
- Mental and physical health of all parties involved, including parents and children
- Criminal records of both parents
- Age and maturity of the child
- Desires of the child
Other considerations include whether the relocation is simply to disrupt an already established relationship with a parent or other family members, what the advantages are for the parent that is choosing to move, and how likely the moving parent is to comply with custody or parenting time orders.
Keep it Legal and Clear
Relocation cases definitely require the knowledge and expertise of an experienced family lawyer. Regardless of which side of the case you’re on, you’ll want to be sure your rights and rights of your child are a priority. Do not relocate the child without the proper permission. This could have a major impact on your custodial rights of your child.
Contact the offices of Crider Law to set up a consultation and discuss your situation. Family attorney Brad Crider will help you choose the best course of action. Proceeding without help from an attorney could make the situation worse.
