By the Time You Get to Phoenix …
Attorney Hector Montoya: Minor Child Relocation After Divorce
Whatever else divorce may be, it is definitely a life-changing transition. And as parents move on with their new lives — meet new people, make new plans or change jobs — they sometimes find themselves in the position of having to decide between staying in the Tucson area or relocating somewhere else.
The problem for parents who obtained primary custody of minor children as part of their divorce is that unless they obtain permission from the other parent or the court — they cannot move more than 100 miles away.
In practical terms, that means that by the time you get to Phoenix you may have already overstepped your bounds and put your plans, and your child custody rights, at serious risk.
If you are considering relocation or have received notice that your former spouse intends to relocate — talk to our lawyer. Contact the Law Office of Hector A. Montoya, P.C. today.
The Process of Relocation
Health issues, better job opportunities and remarriage are just some of the perfectly good reasons for relocation after divorce. That said — there is no denying that relocation has a dramatic impact on the other parent's parental rights. Courts are very sensitive to this fact and strongly believe that children deserve a meaningful relationship and contact with both of their parents. And while relocation is possible in most cases, courts take a dim view of custodial parents who don't bother to obtain permission first.
Arizona requires that a custodial parent who wants to relocate to send a letter to the other parent notifying them of their plans and giving them 60 days to appeal or challenge the move. These timing requirements make it necessary for both parties to speak with an attorney as soon as possible. Our firm assists clients throughout Southern Arizona in filing petitions for relocation and representing noncustodial parents who want to contest a proposed move.
Your Decisions, Our Attorney — Call 520-743-1797
Call our Tucson, Arizona, law offices to schedule an initial consultation, or contact us online by completing our brief intake/e-mail form.
