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Scottsdale Child Custody Relocation

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In today’s mobile society, moving for jobs, for family, or for any other reason is common. However, if you are separated or divorced from your child’s other parent, the matter can be complex. Arizona law has conditions and stipulations that govern the ability of parents to move to another city or state. The best way to protect yourself and your family is to speak with a knowledgeable Scottsdale child custody relocation attorney. Contact the Law Office of Karen A. Schoenau for the assistance you need.

Why Choose Us

  • Our firm places your child’s best interests at the heart of every decision we make. We advocate tirelessly to secure the best possible outcome for both you and your child.
  • Our attorney, Karen Schoenau, specializes in complex child custody cases and has received multiple awards recognizing her services, including the 2019 Maricopa County Bar Association Volunteer Lawyers’ Program Attorney of the Year.
  • We understand that child custody proceedings can be difficult and sensitive. We will provide you with compassionate and supportive representation from consultation to conclusion.

Experienced Lawyer for Scottsdale Child Custody Relocations

At the Law Office of Karen A. Schoenau, we represent parents and their children in relocation matters. Our firm is dedicated to protecting the best interests of our clients through knowledge of the law and forceful advocacy. Whether this requires modification of a child custody and visitation order, visitation arrangements, or adjusting child support amounts, Scottsdale divorce attorney Karen Schoenau uses her more than three decades of experience to identify creative solutions to problems related to parental efforts to relocate.

How Do Arizona Courts Create Custody Arrangements?

At the conclusion of your divorce proceedings, you will receive a decree that outlines important terms, including child custody relocation arrangements in Scottsdale. If you resolve your case through mediation, you and your spouse will create these arrangements with the help of a neutral third-party mediator. If your case resolves in the courtroom, the judge will base the custody arrangements on a series of key factors, such as:

  • The past, present, and future relationship between the child and each parent
  • The child’s preferences if he or she has the capacity to provide a reasonable decision
  • Any history of child abuse or domestic violence
  • The physical health and mental fitness of each parent and the child
  • How the child would be affected by changes to his or her home, school, or community
  • Whether either parent is likely to alienate the child from the other
  • Any other factors relevant to the child custody decision

There are two types of custody in Arizona: legal custody, or the right to make decisions for the child, and physical custody, also known as parenting time. Typically, an Arizona court will choose a parent who has primary physical custody of the child or holds at least 50 percent of the parenting time. The other parent will be known as the non-custodial parent. The court will assign reasonable parenting time to the non-custodial parent on a case-by-case basis.

Parental Relocation Requirements in Scottsdale, Arizona

Provide Notice to Other Parent
Arizona law requires the relocating parent to provide at least 45 days of notice to the other parent before moving if they propose to relocate more than 100 miles or out of state. This allows the other parent to contest the move away if he or she chooses, and it helps avoid potential suspicions of parental kidnapping. In cases like these, parents may need to seek modifications of existing orders to protect the best interests of the children and document the change so that it can be enforced, if needed.

Show Benefits to the Child
In addition to notifying the other parent, the parent seeking to relocate must show that the move will be either neutral or positive for the child and will not negatively affect the relationship with the child’s other parent. The move cannot be just about the parent who wants to relocate. Courts usually see moving just to take revenge as bad faith on a parent’s part. This approach may backfire and result in the loss of physical custody.

Take into Account an Older Child’s Preference
Older children can have a say in a parent’s effort to relocate. Judges take into account the child’s relationship with both parents and how likely the child is to adjust well to a new school and community. Judges have considered a child’s preference even when the child is as young as seven. It depends on the child’s level of maturity.

Evaluate the Child’s Relationship to Others
Judges will consider a child’s relationship with grandparents, siblings, and other relatives and determine whether a move would negatively affect those relationships. They also try to determine which parent would promote and foster the child’s relationship with the now-distant other parent.
These and other factors go into an Arizona judge’s decision to allow a relocation with a child. Consult our family law attorney to learn more.

Why You Need a Scottsdale Child Custody Relocation Lawyer

If you or your spouse wants to relocate your child, it is important to seek the help of a Scottsdale child custody relocation lawyer. These matters can be highly sensitive and complex, and you want to ensure that your rights are protected during the relocation process. Hiring an attorney from the Law Office of Karen A. Schoenau can provide several benefits to your case, including the following.

  • Your attorney will have deep knowledge of child custody matters and Arizona relocation laws and can help you reach an optimal agreement that works for you and your child. Karen Schoenau has over 20 years of experience representing complex child custody cases and can guide you through this sensitive process.
  • Many mistakes can happen during child custody cases that could have a negative impact on your child’s well-being. A child custody relocation lawyer from the Law Office of Karen A. Schoenau will prioritize your child’s best interests throughout this process and can conduct an in-depth analysis of your case. By creating a comprehensive case strategy, you can avoid these costly errors.
  • Navigating the complexities of a child relocation case can be difficult and highly emotional. You may run into issues that delay or lengthen the proceedings, which can add additional stress. Your lawyer will handle all aspects of your case on your behalf, reducing tension during this process.

Contact Our Arizona Family Law Attorney

If you are thinking about relocating with your child, or if you have received a relocation notice from the other parent, talk to our Scottsdale child relocation lawyer to learn about your options. Call the Law Office of Karen A. Schoenau at (480) 209-1918. You may also use our online contact form.

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