Relocation with Children
Bruce Brown will protect your interests and and your children's by presenting the compelling arguments for or against relocation.
We have helped families work through the difficult issue
of relocation of a child when one parent decides to move out of the state or
more than 100 miles within the state.
Historically, there was little that the non-custodial parent
could do to prevent the other parent from moving with the children. However, in
recent years most states, including Arizona, have passed laws that directly
address such an occurrence and make it much more burdensome on the parent who
wants to relocate with the child or children.
The current trend is for courts to prohibit a parent (when both
parents are living in Arizona) from relocating their children if the other
parent objects, unless the moving parent can prove that such a move would be in
the child's best interests, and not just for the benefit or desire of the parent
seeking to move. Consequently, long-distance moves made without good reason, to
discourage access by the other parent, to pursue a romance, etc., are often
denied. The courts cannot keep an adult from moving, but they can order that the
children remain with the non-moving parent.
State law requires the moving parent to give written notice, at
least 60 days in advance of the move, that he or she will be permanently
relocating the child. If the non-moving parent objects, that parent must
petition the court to prevent the move and a hearing will be scheduled. The
court will determine if the relocation of the child is in the child's best
interests, and the child is usually not allowed to move until the hearing is
held.
If a relocation is approved, either by agreement of the parents
or by the Court, changes to changes to legal
decision-making and parenting time orders and
changes to child support
orders normally would be necessary, and our firm could assist with that,
also.
Track Record of Success
Bruce Brown has achieved success for clients on both sides of
the relocation, securing court permission for relocations and persuading the
court to deny relocations. a number of courts to allow moves, but have also
successfully sought orders preventing such moves. He will protect your and your
children's best interests by presenting the compelling arguments for or against
relocation. |
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