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Relocating With Children After A Divorce

How Far In Advance Do I Need To Petition The Court For Relocation With A Child?

If you want to relocate with your child, you must petition the court as soon as possible. Relocation cases are some of the most complicated cases out there, and they can go on for quite some time. So the sooner that you can get your request in front of the court, the better.

Additionally, there’s a notice period within which time you must notify the other party, but just because that notice period is built into the case framework, it doesn’t mean that’s the guideline you should use. Instead, you should get to work to satisfy every requirement of a relocation request as soon as possible so that if a case goes on for six months, nine months, or a year, you’re not put in a negative situation.

Can I Move Away If I Have Sole Custody Of The Children?

If you have sole custody, that means there are already some court orders in place, so you could move away temporarily. But, if your custody is ever contested, you won’t be able to make that move permanent until the court makes a final ruling – or until you and your ex reach an agreement.

Can My Ex Take The Kids And Move Before A Divorce Is Filed?

Without court orders, your ex can legally move away with your kids. Before a divorce is filed, you both have equal rights to these kids, so it’s crucial to get court orders in place as soon as possible.

Even if you only have a feeling that the other parent will move away, you should get a case filed as soon as possible. Doing this will prevent your ex from being able to move away with your kids without violating a court order.

Can I Stop My Ex From Moving Away With My Kids?

You may be able to stop your ex from moving away with your kids, depending on your situation.

If you have orders in place and your ex is trying to move far away, you’ll have a chance to say that you want to contest the relocation via a court case.

But suppose you don’t have any orders in place, or you never bothered to put any in place and then one day out of the blue you found out they left. In this situation, you’ll likely have to file a case almost immediately so that you can prevent your ex from moving to a new state and having that state become the kids’ home state.

If they move away and you do nothing for too long, the state of Arizona will eventually lose jurisdiction and you’ll have to go to another state to handle the case.

Will I Have Problems Relocating If I Agree To Joint Custody?

Having joint custody doesn’t necessarily create problems should you want to relocate with your child. However, depending on the type of joint legal decision-making you have, it may prevent temporary relocation.

Moving away with joint custody of your kids may be challenging but not impossible, so expect some hoops to jump through. For example, joint custody can include notice requirements wherein you must give the other party written notice.

Can I Relocate With A Child If The Father Isn’t On The Birth Certificate?

If a child’s father is not on their birth certificate, there’s probably not a custody case filed. In this situation, you definitely could relocate with your child. Just know: You may run into the issue of the dad opening a case after you move and saying, “No, this state was the kid’s home state, so I’d rather deal with the matter here and prevent the move.” But, of course, then you would be stuck fighting that case from another state.

Can I Include A Relocation Clause In My Divorce?

You can include a relocation clause in your divorce. “Settling” or coming to an agreement is usually the easiest way to do this. You can get a relocation clause at trial, but it is often much more challenging.

If the other party fights to not allow relocation, the decision of whether or not the clause will be granted will be left up to a judge. When making this decision, the court will consider both the other parent’s opinion and the best interest of your children.

Because you never know how a judge might decide in these matters, it’s best to try to come to a conclusion about your relocation clause outside of the courtroom.

Can An Informal Relocation Agreement Be Enforced In Arizona?

Arizona does not enforce informal relocation agreements on the very basis that these agreements are informal. These informal agreements might be a factor that a court uses to make a formal decision or judgment about relocation, but enforcing an informal agreement is impossible because legal formality is the very nature of how the court views the validity of agreements.

Do I Have To Give My Other Child’s Parent Notice Of Relocation If I Can’t Locate Them?

You may not have to legally notify the child’s parent about your relocation, depending on your situation. If you’re married and have yet to file a case, probably not. If you’re unmarried and don’t have a case or any orders in place, again, probably not.

But, suppose you do have an open case, or you have a case where orders have already been entered. In that situation, you must try to locate the other parent, even if you’re unsuccessful. This way, you can show to the court that you made an effort to give notice of relocation, but you were unable to.

With the guidance of a skilled attorney for Family Law In Arizona, you can have the peace of mind that comes with knowing that we’ll make it look easy. A free initial consultation is your next best step for more information on Relocation With Children After A Divorce. Get the information and legal answers you seek today by calling (623) 696-3429.

Cactus Blossom Legal LLC

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(623) 696-3429

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