Chandler Child Relocation Attorney

A child custody case is never easy, but when it’s finally resolved, either through a shared parenting plan agreement or a judge’s decision, families settle into their new routines and begin to move forward. But what happens when one parent has to relocate for work or chooses to move for personal reasons, such as being closer to family in a different area or even out of state? How does child relocation work in Arizona after a custody decision has already been signed into the final divorce decree? If you have a child custody order in place and you or your ex-spouse are planning to relocate, call the child custody lawyers in Arizona at Wilson-Goodman Law Group, PLLC to consult with a Chandler family law lawyer.

Why Choose Wilson-Goodman as Your Child Relocation Attorneys In Arizona?

Wilson-Goodman Law Group, PLLC, is one of the most well-respected and long-running law firms, with a legacy of satisfied clients. We offer the following benefits to our clients:

Access to the experience, knowledge, and resources of a legal team with four attorneys and a large support staff
A policy of prioritizing low-conflict resolutions to child custody matters while always seeking an outcome that aligns with our client’s goals and the child’s best interests
A lead attorney with a policy of pursuing all reasonable actions to obtain the most favorable results, rather than using a formulaic approach that might not suit the individual needs of a client’s case

Our firm understands the deeply personal nature of child custody cases, including child relocation, and the long-term impacts these matters have on our clients’ lives. Our clients trust us with their cases because they know we deliver honest, up-front communication and experienced legal counsel.

How Do Courts Decide Child Custody In Arizona?

Under Revised Statute (A.R.S.) 25-403(A), Arizona states the following: “The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child.” Under Arizona’s best interests of the child standard, the court begins with the presumption that continuing close contact with both parents is in the child’s best interest. If one parent feels that it’s not in their child’s best interest to have continued close contact with the other, they can rebut the court’s presumption by presenting evidence to support their argument. In some child custody cases, one parent knows they plan to relocate after the divorce, and their child custody agreement reflects this plan with an arrangement that accommodates a parent who lives a distance away or in another state. In other cases, the relocation occurs some time after the divorce is final, making an original custody agreement impractical or impossible due to the travel distance between both parents. When one parent moves out or a substantial distance away, it has a significant impact on the child’s best interests and requires modification of the child custody agreement.

What Happens When a Parent Wishes to Relocate?

When Arizona parents have a custody agreement, one parent cannot relocate with the children if the distance is more than 100 miles away without first taking the matter to court. Arizona Revised Statute, Section 25-408 covers child relocation in custody cases. This law requires the following:

A parent who does not have primary custody of a child has a right to reasonable parenting time to ensure that the child has continued close contact with that parent
A parent wishing to relocate with a child either outside of the state or more than 100 miles away from the other parent’s home within the state must give the other parent at least 60 days written notice
The written notice must be given to the other parent through certified mail or by a process server—if the relocating parent fails to ensure that the other parent receives the written notice properly, they face court sanctions and the possibility of losing custody to the other parent
The parent who is not moving must petition the court to prevent the move within 30 days of receiving the written notice if they wish to prevent the relocation of their child

Under Arizona law, a parent with primary custody may only move before the 60-day notice is complete if the move is a matter of health, employment, or safety. For parents with shared equal custody, a parent may only move before 60 days if it is a matter of health, employment, or safety, and they have the written permission of the other parent. After the 60-day notice, both parents must present their arguments for and against the move in court, allowing a judge to make a decision. In keeping with the court standard, a judge decides relocation requests in a child’s best interest.

What Does the Court Consider In Arizona Child Relocation Requests?

An attorney representing a parent on either side of the relocation issue typically seeks a peaceful resolution with the least amount of conflict; however, it’s not always possible to compromise if a move effectively prevents one parent from exercising their right to continued close contact with their child. After petitioning and filing a response, both parents and their attorneys must present their positions to the judge. The court considers the following when making a decision on child relocation:

If the parent seeking the relocation or trying to prevent it is making the request in good faith, or to prevent their child’s continued close contact with the other parent
Whether or not the proposed move would improve the parent’s or child’s quality of life
Whether or not the parent with whom the child resides after moving is willing to comply with the court’s custody orders
Whether or not the proposed move realistically allows the non-moving parent adequate parenting time
How moving or not moving impacts the child’s physical and emotional development
The effect the move will have on the child’s stability
How the move impacts the child support obligation, which is based on the total income of both parents and each parent’s share of the parenting time

Finally, when deciding whether to allow child relocation, the court carefully considers each parent’s motives for wanting the relocation or opposing the move before making a decision in the child’s best interest.

Call Wilson-Goodman Law Group, PLLC to Speak to a Child Relocation Lawyer In Arizona

Relocating a child has serious consequences for the entire family that may or may not be in the child’s best interest. It’s also imperative that both parents carefully meet Arizona’s legal requirements for petitioning and responding to a relocation request to avoid court sanctions and the possible loss of child custody. When facing this crucial legal procedure, you need assertive legal representation. Call Wilson-Goodman Law Group, PLLC or fill out our online form to speak to a child relocation attorney who is ready to take prompt action in your case.