When a custodial parent wishes to relocate with children following a divorce, it can be difficult to negotiate a compromise with the other parent whose visitation rights will be affected. In Arizona, these cases are typically resolved in court.
At the law firm of Singer Pistiner, P.C., in Phoenix, Arizona, our lawyers represent custodial parents who want to relocate, as well as parents with visitation rights who are opposed to the move. We offer a free initial consultation to discuss your case.
Can a Custodial Parent Relocate?
In Arizona, courts can't keep a custodial parent from relocating. However, the courts can stop the parent from removing a child from the Phoenix area when it would affect the visitation rights of the other parent.
In determining whether to allow one parent to move away with a child, courts use the standard of what is in the best interest of the child. Examples of factors the courts will consider include:
- Why is the custodial parent seeking to move? Is it necessary for employment or to be closer to a family support system?
- How will the move affect the child educationally and emotionally? Are there advantages to the move for the child?
- How will the move affect the ability of the other parent to see the child?
If the court approves the move, your visitation agreement will need to be modified. For example, alternate weekend visits may be impractical given transportation costs. One way to make up for less frequent visitation would be to provide for longer visits during the summer and school breaks. Child support payments may be modified to take into account the increased cost of transportation for visitation.
Our lawyers will take all the time to understand your situation and consider all of the factors involved when drafting or opposing a child relocation petition. Our job is to protect your goals and the best interests of your children, and we take this responsibility very seriously.
Parental Relocation in Scottsdale, Tempe, Chandler and Mesa
For more information, please feel free to call our Phoenix child relocation attorneys at 602-910-2642, 623-239-4610, or send us an e-mail to schedule a free initial consultation. From our office on Camelback Road, we represent clients throughout the Phoenix metropolitan area in Arizona.
