Proving Your Relocation Case

There are many reasons a parent might decide to move to another state or simply farther away across a state from their current home. While new jobs, family-related concerns, and other reasons for moving might be valid, relocating is not simple when a parent shares custody of a child.

If you share custody and wish to relocate with your child, you must follow certain rules and might face an uphill legal battle. Always consult a child custody relocation lawyer in your area about the situation and your legal requirements.

When Parents Share Custody, States Have Certain Rules Against Relocation

When parents share custody of their child, state laws have specific rules and restrictions regarding relocation. These rules exist to protect the child’s best interests and ensure any relocation by one parent does not negatively affect the child’s relationship with the other parent. You must know these rules if you are considering relocating with your child.

In general, when a custodial parent wishes to move with a child, they must provide notice to the non-custodial parent and, sometimes, seek the court’s permission. The non-custodial parent can contest the relocation and present their objections to the court. The court will then evaluate various factors to determine if the proposed relocation is in the best interests of the child.

Even if the non-custodial parent has no objections to the relocation, the parents will need to address necessary modifications to their existing child custody arrangement, which a child custody attorney should always oversee.

An Example: Arizona’s Parental Relocation Requirements

As one example of how you might prove your relocation case, let’s take a closer look at the parental relocation requirements in the state of Arizona.

If a custodial parent wants to relocate with a child, they must provide written notice at least 45 days before the planned move. The notice must include detailed information about the proposed relocation, including the new address, phone number, and reasons for the move.

Once the non-custodial parent receives notice, they have 30 days to object to the relocation. If they do not object within this period, the court may grant permission for the relocation without a hearing. However, if the non-custodial parent does object, a hearing will occur to determine whether the relocation is in the best interests of the child.

During the hearing, the court will consider a variety of factors, including:

• The reasons for the proposed move
• The impact on the child’s relationship with the non-custodial parent
• The child’s preferences (if they are of sufficient age and maturity to express a preference)
• Any potential benefits or disadvantages of the relocation

Any parent participating in a relocation hearing should have a child custody attorney persuasively present their case in court.

Valid Reasons for Relocation

When seeking permission to relocate with your child, you must have valid reasons that demonstrate the necessity and feasibility of the move. Valid reasons for relocation may include job opportunities, educational opportunities, or improved living conditions for the child. It’s important to thoroughly document and support these reasons to strengthen your case.

Having a child custody attorney providing concrete evidence and supporting documentation will bolster your case and show the court that the move is in the best interests of your child.

Evidence to Prove Your Relocation Case to the Family Court

To prove your relocation case to the family court, you and your lawyer must gather and present evidence supporting your request.

Here are some types of evidence that may help:

• Documentation of the proposed move: Include information about the new location, such as the address, school district, and community resources.
• Job opportunities: If the move is for a job, provide evidence such as job offer letters, employment contracts, or promotion opportunities.
• Educational opportunities: If they move for better educational opportunities, gather information about the schools, programs, or resources available in the new location.
• Housing arrangements: Provide details about your new living arrangements, including the size of the home, proximity to schools and other amenities, and any other relevant factors.
• Impact on visitation: Consider how the move will impact the non-custodial parent’s visitation rights. If feasible, propose visitation schedules or arrangements allowing continued and meaningful contact between the child and the non-custodial parent.

Always Have Representation from a Child Custody Attorney

A relocation case can be stressful, so you need representation from a child custody lawyer. An experienced attorney can ensure you meet notice requirements, gather the necessary evidence, and present a compelling case to the court.

Your attorney will have a solid understanding of your state’s relevant laws and regulations, as well as the strategies and arguments that are most likely to succeed in a relocation case. They will work closely with you to understand your specific circumstances and goals and to craft a strong legal strategy tailored to your situation.

Don’t underestimate the importance of having knowledgeable and skilled legal representation in a relocation case. Your attorney will advocate for your rights as a parent and seek your desired outcome for you and your child. There is often a lot to lose if the court denies your relocation request, so hiring the right attorney should be your top priority.

Contact a Child Custody Lawyer to Start Building Your Successful Case for Relocation

Proving your relocation case requires careful planning, thorough preparation, and professional guidance. With an experienced child custody attorney handling your case, you can confidently present a strong case for relocation to the family court. Your lawyer will know how to build a strong case in line with state requirements and the best interests of the child standard.

If you are considering relocating with your child, don’t hesitate to reach out for a consultation. An attorney will listen to your concerns, assess your case’s strengths and weaknesses, and provide clear and actionable advice.

The best way to prove your relocation case is to put the matter in the hands of a respected Scottsdale family law attorney. Do not risk complications with your relocation by waiting to seek legal advice.