Brown Family Law Group, Bruce D. Brown, Attorney
602-589-5110
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Relocation

Relocation with Children

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 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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