Relocating for Custody? Why You Need an Attorney

child custodyChild custody arrangements often lead to tense interactions between parents. If one parent decides to move, that can make the situation more difficult. Despite a person’s reasons for moving, there are certain rules that need to be followed. A parent is not allowed to move without giving notice, and expect to continue the parenting agreement as it is. At the Fruchtman Law Firm, our professionals will show you the options available to you and your children in the event your ex-spouse attempts to relocate.

When a parent that shares joint custody seeks to move, there are steps they are supposed to take before the move can happen. In this instance, it is best to hire a Scottsdale AZ family attorney to help enforce this requirement. In most places, if the move is less than 50 miles, the moving parent will not need to notify the other parent. However, if the move is more than 50 miles, the moving parent should notify the other parent and court of the move, and must be granted consent before attempting to move and exercise parenting time in a different location. If this process is not followed, the parent who is not moving has options that will allow them to keep the children in their current location. A few options the non-moving parent has include:

File a motion: The non-moving parent can submit a document to alert the court of the prospective move and ask that it prevents the move from happening.

File a request for a pick-up order: An order can be issued to allow the non-moving parent to pick-up the child so that they can stay in their current location.

If you are in need of a Scottsdale AZ family attorney, contact our office. The professionals at Fruchtman Law Firm can help you take the steps to ensure your rights are protected.