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.
Can I relocate or move after a Divorce in Arizona?
A parent who wishes to relocate or move more than 100 miles away from the marital home after a divorce 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 move or relocate after a divorce should seek help from a lawyer who will be able to offer advice as well as court representation. A properly qualified family law 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.
Can the relocation request be denied?
Yea, a relocation request can be denied. 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 lawyer from the Cantor Law Group can provide expert representation and vigorously defend your rights and interests.
If you are a divorced parent seeking advice on a move or relocation after your divorce, please call (602) 691-6385 or email us to arrange a free consultation, and discuss how a Phoenix family lawyer can help you.