Arizona Divorce Laws on Moving Out of State with Children

Arizona Divorce Laws on Moving Out of State with Children

Arizona Divorce Laws on Moving Out of State with Children

The divorce rate in Arizona is its lowest point since 1990. With a divorce rate of 2.9, the state has seen the number of divorces go down by more than half since that time. Most of the time, these cases involve children. It shouldn’t be surprising, then, that the courts receive relocation motions all the time. One parent asks their Arizona divorce lawyer to file a motion on their behalf. They want to move their children away from Arizona and relocate to New Jersey. In order to do this, they will need one of two things. They may be able to convince their ex that it’s in their kids’ best interest, so they’ll sign off. Or they’ll file a motion with the court asking for permission to move the children away. As with most other divorce motions, there is never a guarantee the judge will honor your request. It will depend on what the other parent has to say about the move. It will also depend on a host of other factors that will be discussed here.

Judges Like the Children to Have a Relationship with Both Parents

One of the things thing family law judges do not like to do is deprive children of a healthy relationship with both parents. It’s no secret that it’s in their best interests to maintain some semblance of a relationship with both mom and dad. When one parent asks to move away and take the kids with them, things can get messy. Your Arizona divorce lawyer will have their work cut out for them if they want to convince the judge to grant your request.

It Will Depend on How Far Away You Want to Move

One of the factors that will be considered is how far away you intend to move the children. If you’re only asking to move 40 or 50 miles away, you’ll have a much better shot at your motion decided in your favor. If, however, you’re looking to move to the other side of the country, you’ll have a very steep hill to climb. Your Arizona divorce lawyer will try every angle possible. Just keep in mind, the courts always do what they can to make sure the kids get to spend quality time with both parents. Unless there are extenuating circumstances, there’s a good chance the judge will deny your motion.

The Children’s Age Will Also Play a Part in the Decision

The courts will be more amenable to your request to move the children away if they’re older. Once your kids are in their teens, it’s easier to have them travel so they can spend time with the non-custodial parent. When the children are small, the courts are not likely going to approve the move. If a child is moved more than 1,000 miles away from their mom or dad, it will be near impossible for them sustain a solid relationship with them. Since the judge always looks to the best interests of the child standard, you must have a very compelling reason for wanting to move.

You Need to Have a Good Reason to Want to Move Away

If you file a motion to move your children out of state, you should presume that your motion will be denied. Of course, there are situations where your Arizona divorce lawyer can convince the judge to grant your motion even without a compelling reason. For example, the other parent may be in jail serving a twenty-year sentence. Or it could be a situation where the second parent hasn’t come around to see the kids is a few years.

If you’re looking to relocate and Learn more about Arizona Divorce Laws on Moving Out of State with Children, call our office right away. Let one of our experienced Arizona divorce lawyers review your case and let you know what options you have.