When parents divorce, one of them may move away. Parents should learn about Arizona’s relocation rules, so that they can work with their Scottsdale divorce attorney to pursue their interests in the best way possible. Here are 5 things you need to know about relocation:
1. You can relocate before you file for divorce
There’s nothing to prevent you from moving with the children before you file for divorce. In fact, this might be necessary if there’s domestic violence in your home. However, it might affect when and how you can file for divorce. If you’re considering divorce or separation, contact the law office of Hope E. Fruchtman before you file, so that you can make a workable plan.
2. But you need permission after you have an order
Once you have an order in place, you absolutely need permission from the court in order to move with the children. Don’t make the mistake of asking for forgiveness instead of permission. The court can order you to return with the children, and you can even lose custody if you take off before a judge gives the green light.
3. You need a reason to relocate
When the court decides whether to grant your request, they look at whether the move improves life for the children. That means, you need to be able to show the court why life is better for the children if you can move. Your AZ divorce attorney can help present your case in the best way.
4. It’s hard to move in shared custody cases
In cases where the parents share parenting time roughly equally, the courts hesitate to approve a move. You need to have a compelling case for custody as well as for the move. Attorney Hope E. Fruchtman can help evaluate your case to see if you’re likely to succeed at a hearing.
5. The child’s opinion matters
Although the child doesn’t have final say in the matter, the court will take the child’s opinion into account. The child must be old enough to have an honest opinion. The court will also consider if a parent is coaching the child about what to say.