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Do you need to relocate more than 100 miles away with your children? Is the mother or father of your children intending to move and take the children with them?
There are strict rules in Arizona governing relocation with minor children. Different rules apply regarding whether you must provide notice to the other party dependant upon your custody situation . In every scenario, you must have a legitimate reason to relocate that will benefit your child or children. The Court will penalize a parent for attempting to relocate to obstruct the other parent's relationship with the child. You should consult with a qualified attorney who will help you determine if you have legitimate grounds for relocation. If you move before a Court grants you permission, you face potential sanctions such as the forcible return of your children. Courts also frown upon a parent removing children from Arizona when family court litigation is pending or without permission of the other parent.
In Arizona, it is difficult, but not impossible, to obtain permission from the Court to move children away from the State or County if the relocation is contested by the other parent. Relocation may have potential adverse affects on children including, but not limited to, less visitation time with the other parent and less contact with extended family and friends. Depending upon the child's age, the wishes of the child may be taken into consideration. The Court is less inclined to care about the fact that relocation may provide a better situation for mom or dad as they are to focus on what is best for the child. The Court will determine whether the potential move will create sufficient benefit for the child to outweigh any potential adverse affects. Often, the recommendation of an expert witness can aid the Court in its determination.
If you have received notice that the other parent is intending to relocate with your child, you should speak to an attorney familiar with relocation issues as it is important to file a Motion to Prevent Relocation and obtain a hearing date before the relocation occurs.
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Posted By Gillespie, Shields & Durrant on April 28, 2010 06:00 pm | Permalink |