Co-parenting after a divorce requires considerable communication and planning. If one parent wants to move away with the children, the situation can become even more complicated. In most states, it becomes an issue of family law, and the decision cannot be finalized without the involvement of the courts. Arizona is one of these states. If you're in this predicament, here's what you need to know.

Relocating With Children Post-Divorce

In Arizona, even if one parent is granted sole legal decision-making privileges, any decision to move out of state or further than 100 miles away must be approved by the court. Additionally, the moving individual must give the other parent at least a 60-day notice of their decision.

Any objections by the non-moving parent must be petitioned to the court for review. Like all family law matters, both parties will get a chance to present their case with evidence. 

Determining Factors

In family law cases involving children, a judge's primary objective is always the child's overall well-being. They will consider whether relocation will be beneficial or detrimental to the child. When making a decision, the judge will look at various factors, such as:

• Reason for the Move: A parent intending to move for better occupational or educational prospects will have a better case than one who is merely trying to limit their ex’s parenting time. The latter would be deemed a move done in bad faith and would unlikely be permitted by a judge. 
• Relationship With the Parents: A judge will look at the past, present, and future relationship the child has and will have with both parents. Like the previous factors, a relocation that jeopardizes or negatively impacts the relationships is less likely to be approved. 
• Child's Preference: If a child is mature enough, they have an opportunity to voice their wishes in the matter. Their opinion and preference must be based on long-term or interpersonal effects. If the preference is based on wanting to stay with the more lenient or pampering parent, it won't carry as much weight with the judge. 

Effects on Legal Decision Making

If a judge permits the relocation, adjustments to the parenting time and child support can be made between both parents. While the ideal circumstance is to have these modifications dealt with between the parties and their family law lawyers, the judge will decide on the specifics if agreements can’t be made.

If you're dealing with a relocation and seeking legal assistance, contact the Law Offices of Lenkowsky & Fontenot. Based in Bullhead City, AZ, they've served the region since 1985. They specialize in family law, whether you're the one relocating or not. Schedule a consultation by calling (928) 758-4815 or sending them a message through their website.