The issue of a divorced parent relocating with children to another community far away can be a sensitive one. Moving to take advantage of new job opportunities can benefit the children if it helps pay for their education, clothing and other needs. However, some relocations are disruptive to the other parent’s custody and parenting rights.
Sometimes parents agree to a relocation and sign an agreement. However, if you are in a situation where a relocation may impact your visitation rights, a court can convene a hearing to determine if the move will be to the benefit or detriment of the parties involved. Under state law, either parent may request a hearing.
The non-relocating parent
If you are the parent who is not planning to move, the other parent must give you appropriate written notice about the impending relocation. If you think the move will harm your children, you have the option to petition the court to keep your children from relocating. The court will consider the children’s best interest while making a final decision.
The relocating parent
If you are the parent who seeks to move, you may fear conflict with your co-parent over the relocation. You might wish to settle the matter first before uprooting yourself and your children. State law does allow you to petition a court for a hearing on your matter. You must provide notice to the other parent that you want a hearing. The court will determine whether your relocation is acceptable or not.
Know your rights in a relocation scenario
A major goal of Arizona family law is to help children of divorced parents have the best life possible. In the event you suspect a relocation to another community or state will harm your loved ones, state law allows for possible legal remedies to help your family.
