When two parents are raising a child and living separately, they should have a court order or parenting plan in place specifying who has custody and what the visitation schedule is. It is almost always best for a child to have an ongoing relationship with both parents, and parents should try to come to a visitation agreement that allows this to occur. If parents are not able to voluntarily agree on how parenting time should be split, the court will make a decision based on what is best for the child.
In an ideal situation, parents will live in the same town or close to each other in order to make visitation easier. Unfortunately, sometimes this is not possible. If one parent wishes to relocate out-of-state with a child, this can create complicated legal issues.
Singer Pistiner, P.C. has extensive experience representing parents on matters related to child relocation. We can help you to make a compelling argument to the judge so you can protect your relationship with your children. Call or contact us online today to learn more.
Arizona Laws on Child Relocation
If parents do not have a custody or a visitation agreement in place, then one parent could potentially try to relocate with the child without the permission of the other. Filing for custody will put a stop to this, as a parent cannot leave with his son or daughter when there is a pending custody action that is ongoing.
Ideally, parents will be able to agree on who should have custody of a child, how custody should be shared and whether one of the parents can move away with the child or not. If parents are able to agree on this at the time when custody is divided, the court will enter an order to make their parenting plan legal. If one parent allows the other to move away with the child, they should generally try to arrange visits as much as possible and may wish to consider phone visits to ensure the child can maintain an ongoing relationship with both mother and father.
If the parents do not agree and one parent wants to move away, then the judge will consider whether relocation is in the best interests of the child. This question can arise at the time of separation if one parent is planning to move away after the divorce. The question can also come up later when a custody arrangement is already in place and when one parent gets the opportunity to move out of state.
Getting Legal Help
Many different factors will determine whether it is best for the child to relocate, including the opportunities the child will have in the new destination as well as the relationship of the child with both parents.
Your Scottsdale, AZ divorce and family law attorney can help you to understand how decisions on relocation are made and can assist you in negotiating an arrangement with the other parent or in convincing the judge to take your side on the issue. Call Singer Pistiner, P.C. today to learn more about how our child relocation attorneys can help with child relocation issues.