Relocation after Divorce and your Children

Life after your divorce will continue to change, and it may become necessary for you to move for reasons such as employment opportunities, to be near family or simply to make a new start. If you were awarded child custody as part of your divorce settlement, there are certain legal restrictions that may interfere with your move, provided that it is farther than 100 miles from your current residence or across a state border. It is important to understand your rights so that you do not incur penalties or find your custody agreement being changed by the court. A knowledgeable Mesa divorce attorney can help you with every aspect of obtaining legal permission to make a relocation with your children.

Arizona Revised Statutes 25-408 contains the provisions for child relocation after divorces in our state. You will have to provide written notice by certified mail or another similar delivery method to your former spouse at least 60 days before the planned move to make it possible for the other parent to file a motion to contest the relocation. Your ex-spouse is allowed 30 days from the receipt of the notice to make such a petition, which will be approved by the court on a showing of good cause. The judge will rule in consideration of what is in the child’s best interests, and according to law the burden of proof lies on the parent who is seeking to relocate.

Divorce Lawyer in Mesa

The attorneys at Dodge & Vega, PLC have extensive knowledge of Arizona family law and we will do whatever we can to help you meet your goals for relocation. They believe in providing service that is caring and professional, and will help you prepare a petition with the best chances of being approved by the court. Factors that influence the judge’s determination of what is in the child’s best interests include whether you can prove that the move is not being made to interfere with or frustrate the relationship between your child and the other parent and how much the relocation would truly enhance the child’s quality of life. One of our attorneys will meet with you to discuss your case and help you get started on a petition.

Contact a Mesa divorce attorney to learn more about what you can do to ensure that your relocation is allowed by the court.