Child Relocation/Move-Away Cases
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When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a comprehensive attorney consultation.
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Schedule your comprehensive attorney consultation now and we can discuss the entire case.
Relocation/Move-Away cases are among the most complex and emotionally grueling matters in all of Family Law. When a parent wishes to move out of town, or out of state, with the children, significant legal issues arise, which include custody, parenting time (visitation), and child support. These cases are not only difficult for the parties — they are equally difficult for the judge, who must weigh competing interests: One parent whose life will be improved by the move vs. the other parent who may be deprived of frequent and meaningful contact with the children. In cases like these, a child relocation attorney can help ease the issue.
Best Interests of the Child
In making a custody and/or relocation decision the Court is guided by the “best interests” of the child.
In determining custody, Arizona Revised Statutes, Section 25-403 requires the judge to consider all relevant factors, including:
- The wishes of the child’s parent or parents as to custody;
- The wishes of the child as to the custodian;
- The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest;
- The child’s adjustment to home, school and community;
- The mental and physical health of all individuals involved;
- Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent;
- Whether one parent, both parents or neither parent has provided primary care of the child; and
- The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
When a parent wishes to move away with the child, the Court must balance the interests of the nonmoving parent in having a meaningful relationship with the child against the prospect that the move might improve the quality of life for the moving parent and the child. This is a very tough decision for any judge.
Know Your Relocation Rights
Arizona Revised Statute, Section 25-408 provides the standard that the Court must use in making the decision on whether or not to allow the move.
- Section “A” of the statute provides that “a parent who is not granted custody of the child is entitled to reasonable parenting time rights to ensure that the minor child has frequent and continuing contact with the noncustodial parent.“
- Section “B” of the statute requires that “if by written agreement or court order both parents are entitled to custody or parenting time and both parents reside in the state, at least sixty (60) days advance written notice shall be provided to the other parent before a parent may do either of the following:
- Relocate the child outside the state; or
- Relocate the child more than one hundred miles within the state.”
- Section “C” requires that this notice must be either sent by certified mail, return receipt requested, or formally served by a process server. This is a critical requirement because if the notice is not sent properly, then the parent moving away with the child is subject to court sanctions – and those sanctions may include taking custody away from that parent and awarding it to the other parent.
- Section “D” provides that “within thirty (30) days after notice is made the nonmoving parent may petition the court to prevent relocation of the child.” It also provides that “After expiration of this time any petition or other application to prevent relocation of the child may be granted only on a showing of good cause.“
- Section “F” of the statute lists the limited circumstances under which a parent may be allowed to move prior to the expiration of the sixty (60) day notice period. It states:
- “A parent with sole custody or a parent with joint custody and primary physical custody who is required by circumstances of health or safety or employment of that parent or that parent’s spouse to relocate in less than sixty days after written notice has been given to the other parent may temporarily relocate with the child.”
- “A parent who shares joint custody and substantially equal physical custody and who is required by circumstances of health or safety or employment of that parent or that parent’s spouse to relocate in less than sixty days after written notice has been given to the other parent may temporarily relocate with the child only if both parents execute a written agreement to permit relocation of the child.”
In order for the parent wishing to move – and also the parent contesting the move — to best protect their legal rights, it is important to strictly comply with the statutory time limits. Failing to do so might result in a move taking place without the nonmoving parent having the chance to object; or it may result in severe sanctions for the moving party, including losing custody of the child.
Contact a Child Relocation Attorney
Whether you are thinking about moving with the children, or whether you are a parent who wishes to prevent a relocation from taking place, you would be well-advised to seek a consultation with an experienced family law attorney.
At the Law Offices of Gary J. Frank P.C., our attorneys are caring and compassionate counselors who have a wealth of experience in dealing with child relocation/move-away cases. They will guide you through the legal issues and help you avoid the snares that may result in sanctions or losing custody. If possible, they will help you to reach a peaceful resolution of the problem. If a negotiated solution is not possible, then he will be a strong and assertive advocate on your behalf.
To make an appointment for a consultation to discuss the issue of custody and relocation, contact our office today.
Family Law Client
I had a very legally and emotionally difficult case and was fortunate enough to have Mr. Frank’s legal assistance. Mr. Frank was extremely professional, reliable, and competent. He always kept me informed of my case, and he gave me great legal insights. His litigation expertise and easy disposition allowed me to be comfortable and less stressed considering the situation. Mr. Frank always treated me with respect and valued my input. I felt part of a collaborative effort rather than the usual attorney-client relationship. It was a pleasure working with Mr. Frank, and I would most definitely recommend him to my friends and family.
I would recommend your services to anyone!
I am very satisfied for all you have done for me throughout my divorce and custody cases. You listened to what was important to me and you made it your number-one priority. The safety of my children meant the world to me and you helped me keep them safe. You are excellent in the courtroom. Throughout all of my court cases and different issues with my ex-husband, you helped me stay calm and grounded. I believe in our justice system since I was lucky enough to have an amazing attorney. Mr Gary Frank, you were a godsend in many ways, and every time I look at my children and know they’re safe I thank God for finding such a great attorney. I would recommend your services to anyone! Thank you once again for all your hard work.
I feel re-born!
“I can’t tell you how much I am now enjoying my life. It sounds crazy, but I feel re-born! Of course, I have my days, but they are fewer and fewer. I spend time with family and friends and for the first time in seven plus years, I feel alive and well. I will never be able to thank you enough for all your caring and encouragement throughout this extremely stressful and challenging time in my life. I could not have managed to get through it without your support.”
A Lawyer That Cares
I chose Hannah to represent me because I know she personally invest herself into each and every client. I could tell she really cared and was ready to fight for me. When I called to schedule for a consult, Hanna received the phone call, not some lawyer’s assistant or front desk person. She has gone above and beyond what was asked of her. She knows what she’s doing. Thank you so much Hanna!
I was going through a family court case & did not have a lawyer. I needed help filling out paperwork & knowing what to do in court. Mr. Frank met with me on several occasions & helped with properly filling out all of my paperwork & informing me of the correct way to file it. He gave me his cell phone # & always returned my calls promptly.
Gary was recommended to me by a relative. I was in a long-term abusive marriage and had had enough and was ready to put an end to it. while being “ready” I was scared to death as I was someone with low self-esteem and so afraid of how my Ex would respond. Gary gave me the courage to stand up for myself and helped me work thru my insecurities so that I was able to testify in court and breath. He walked me through all the steps of what we were going to do so that I understood. he was always ready to answer any questions/concerns I had in a timely manner (and I had a lot). I have recommended Gary to several friends going thru a divorce and I will continue to do so. I can’t thank him enough for his help and what he has done for me.
When you need better than the best
It is all about passion. Whether you play baseball, run a bakery, or practice law, you will do it better if you have passion. Hanna has that passion. She helped guide me through my trying times during my divorce and custody case. Her impeccable professionalism, humanity, and understanding as well as being tough enough to get things done were beyond what I could ever hope for. I couldn’t ask for a better attorney than Hanna. She not only cared about me, she also cared about the well-being of my daughter. I would highly recommend her to anyone.
Gary and Hanna are the most amazing and compassionate attorneys in AZ. They go above and beyond and would highly recommend them to anyone! They work with you and actually care about the well being of your children vs. Money (unlike most others). I cannot thank them enough for what they have done for my own family. Angels.
Thanks From A Confident Dad
Gary, I see your LinkedIn posts every now and then and just wanted to send you a quick note. Wow, the last 6 years have been a whirlwind. I just want to thank you again for the support and guidance you provided to me 6 years ago. It has made a monumental difference in my life. My son’s mother and I made the mutual decision to move (out of state) about a year and a half ago. Ironically, we live in the same neighborhood now, we’ve got our parenting plan at about 50% time each, and we walk him to school. We get along, and it honestly can’t be any better. My son is now in 1st grade, and he has a brother who is a year and a half. In the past 6 years, I’ve evolved from the scared, immature, insecure person who sat in your office to a confident father of two boys. Your input and guidance had a lot to do with that, so, thank you. I do miss Arizona – in due time, hopefully, I’ll be back.
Family Law Client
Successful Relocation Case
To say I am grateful would not be giving you guys enough credit. I am humbled to have found you and blessed beyond words.
Family Law Client
I Know In My Heart I Chose The Right Attorneys To Represent Me
I appreciate all of you and all that you have done on my behalf. Most of all, I appreciate all of your moral support and your faith in me and my intentions. I know in my heart that I chose the “Right Attorneys” to represent me. I am happy that I chose wisely and trusted my heart & my ‘gut instinct.’
November 2009 I retained Mr. Frank for almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…