Relocation Issues

Arizona Child Custody and Parental Relocation Issues

Difficult practical and legal problems can arise when one divorced parent plans to move a considerable distance or even to another state, especially when the parent proposing the relocation has primary physical custody of the child or children. If the change of parental residence would cross state lines or exceed 100 miles, the parent proposing the move must give 60 days' notice to the other parent. Whether you are proposing to move, or you are confronted with the other parent's decision to relocate, a family law attorney at the Law Offices of Scott David Stewart in Phoenix can advise and represent you. Contact us for a consultation about your rights and obligations.

In the easiest situations, which themselves can be very difficult, the parents can work together toward a modified parenting time agreement that would meet the primary objectives of both while protecting each parent's relationship with the child. Longer, less frequent visits will usually provide the solution, while adjustments might need to be worked out as to child support, travel and lodging costs, and other expenses that result from the noncustodial parent's distance from the child. Where no agreement can be reached, the family law judge decides the terms by which parenting time might be protected on fair terms to all parties, with the child's best interests foremost in mind.

More difficult cases are those in which one parent or the other moves without adequate notice to the other, or when a noncustodial parent relocates to another state with the child in violation of both the child custody decree and federal law. Even in less drastic cases, as when an out-of-state parent keeps a child beyond the terms of a court order or tries to register the child in a new school, can present legal and jurisdictional challenges as each parent might appear through a lawyer in his or her own state of residence.

The risk of competing child custody decisions issuing from courts in different states has been greatly reduced since the enactment by most states of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which does not so much determine a parent's right to custody or visitation across state lines as it defines the factors each court must consider in ascertaining its own jurisdiction.

Interstate child custody and parental relocation issues can be very complicated, but our experience in addressing and resolving these problems can assist you if you're facing any related situation. Contact us in Phoenix to learn how we can help advance your objectives and protect your rights.