One of the major consequences of a divorce is that one of the parents will no longer live in the marital home. Many non-custodial parents choose to live nearby to maintain strong bonds with their children, but relocation further away can take place, particularly if the parent remarries or has to move as part of their job. The procedure for relocation following a divorce is governed by state law in Arizona.
A parent who wishes to relocate more than 100 miles away from the marital home must inform the other at least 60 days in advance of the move. If the other parent objects to the move, they can petition the court to stop it taking place. If there is no objection, the existing terms of agreement of the divorce will need to be modified to take into account any changes regarding custody and visitation rights. These plans will need to be submitted to the court for final approval.
Any divorced parent intending to relocate should seek help from a lawyer who will be able to offer advice as well as court representation. A properly qualified attorney can help ensure you fully understand and comply with all the state laws concerning relocation, and protect yourself against future legal problems. There are many reasonable grounds for relocation, including promotion, a new job or fresh business opportunities, and the Cantor Law Group can assist in making the move as smooth as possible by mediating with your former partner on new terms of agreement.
Any objections to the relocation of a former partner must be made to the court within 30 days of being notified of the move. The judge may decide to deny the relocation for a variety of reasons. They may decide it is not in the best interests of the child, or see it as an attempt by one parent to stop the other maintaining a strong relationship with their child. If the relocation is disputed in court, a Phoenix family lawyer can provide expert representation and vigorously defend your rights and interests.
The Cantor Law Group has represented clients in relocation cases for several decades, and our lawyers are fully experienced in solving the problems that can arise following a divorce. Our team of attorneys is AV® Rated by Martindale-Hubbell®, and listed in the Bar Register of Pre-Eminent Lawyers®. With over 70 years of combined experience , our firm is also a member of Arizona’s Finest Lawyers®.
If you are a divorced parent seeking advice on relocation, please call (602) 254-8880 or email us to arrange a free consultation, and discuss how a Phoenix family lawyer can help you.