Can I move with the children?

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Can I move with the children?

Post  Admin on Mon Sep 21, 2009 12:13 pm

Whether a parent can relocate with the children out of state or even to the other side of town depends upon whether such event is covered in the Court’s order and/or what is in the best interests of the children.

In deciding a relocation request, the family court must make specific findings on the record as to all relevant factors and the reasons its decision is in the best interests of the children. A.R.S. §25-408 sets forth the factors pertaining specifically to a relocation and also incorporates by reference the best interest factors from A.R.S. §25-403. According to A.R.S. §25-408(G), the moving party has the burden of proving, by a preponderance of the evidence, what is in the children’s best interests. In addition, to the extent possible, the court must also make appropriate arrangements to ensure the continuation of a meaningful relationship between the children and both parents.

Once a parent has notified the other parent of his or her intention to relocate the child out of state, the non-moving parent may file an objection with the court. Litigation in cases involving a contested relocation issue can be intense because the stakes are so high, regardless of what side you are on. In determining the best interests of the child, the court will consider factors that will assist it in concluding, overall, whether the out of state move will benefit the child to an extent that outweighs the negative impact it can have on the non-moving parent's opportunity for frequent contact and involvement with the child.

In sum, a parent’s reasons for relocating a child out of state must be compelling. In the event that the court allows relocation, then a long-distance Parenting Plan will be ordered.

Our office can assist you with the complicated procedures and litigation surrounding relocation and, if necessary, provide creative insight for a long-distance Parenting Plan that will maximize a non-moving parent’s contact and involvement with the child.

Call us if you have any other questions or when you're ready to schedule. 602-896-9020

For more information go to: http://www.lrcvaw.org/laws/azrelocation.pdf




-James

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