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Determining whether a relocation is in the child’s best interest

On Behalf of | Mar 11, 2024 | Child Custody

Relocating with a child as a moving parent can be complex but achievable. When moving out of Arizona, the relocation process begins with the moving parent providing a 45-day advance notice to the other parent. A court hearing involving all parties is scheduled if the other parent objects.

Understanding the factors the court will consider about a child’s relocation is essential. It can help both parents better prepare for the court hearing and its potential outcomes.

Relevant considerations by the court

The court will review a range of factors when assessing a proposed relocation. These factors include:

  • If the move is genuinely for good reasons and not just to limit the other parent’s time with the child.
  • If the move is likely to improve the quality of life for the moving parent or the child.
  • If the moving parent will likely follow the visitation rules about when the other parent can see the child.
  • If the move will still let the child spend a realistic amount of time with each parent.
  • How the move, or not moving, could affect the child’s emotional, physical or developmental needs.
  • The reasons each parent gives for wanting or not wanting the move. This includes if either parent hopes to gain a financial advantage regarding child support payments.
  • How the move could affect the child’s stability.

The court must consider these factors before deciding whether the move is in the child’s best interest. If it’s not, the court may deny the request to relocate. If it is, the next step involves adjusting the custody arrangement or parenting time schedule to accommodate the move.

Protecting both parties’ rights in the proceedings

To secure a successful relocation, the moving parent must step into the court hearing and lay out their case. This means presenting solid evidence that shows the move is a win-win for both them and their child. They might point to better living conditions, more educational opportunities, closer family support or a chance for greater financial stability.

However, the intensity of these hearings can make presenting such evidence overwhelming. Because of this, seeking a lawyer can be beneficial. A lawyer can help parents understand the specific requirements of Arizona’s child relocation laws and advocate for the best interests of both the parent and child.