Divorce is a complicated process for both partners and children. The family goes through various changes and challenges, which can be highly exhausting from an emotional, mental, and financial point of view for all parties involved. That’s why knowing as many details as possible about the whole process from the beginning is recommended.
However, laws differ depending on the area or state you’re in. In Arizona, according to Law Office of Cosmas Onyia – Child Custody Lawyer Phoenix AZ, there are a variety of factors that divorcing spouses must take into consideration before they can mutually agree to the terms of their divorce, especially if there is also a child involved.
One of the most frequently asked questions by spouses planning to divorce is related to how far one can move with joint custody. By having joint custody, both parents are responsible for the most important decisions related to their own child and must comply with specific requirements. But what if one of the parents who share custody wants or needs to relocate for certain reasons, such as starting a new life, finding a new job, or even finding a new spouse? Let’s find out!
Relocating Less Than 100 Miles Away
Any move to a new address is considered a relocation. But the factor that influences legal procedures is distance. If one of the parents wants to move less than 100 miles away, in this case, there are not many legal requirements that must be met.
No changes to the current child joint custody and visitation arrangement are necessary if the spouse relocates a short distance away, as the move would not affect the terms of the agreement. In this case, notifying the other parent of your new residence and any other essential court authorities is enough.
However, the procedure becomes more complex if the limit of 100 miles is exceeded or the parent wants to move to another state outside of Arizona.
Relocating More Than 100 Miles Away Or In Other State
If one of the spouses wants to establish their residence in another state or at a distance greater than 100 miles from the current location, then other rules apply.
The parent who intends to move must inform the other parent at least 45 days before relocating. The other parent can submit a petition to the court for the relocation to be refused if the ex-partner wants to move with the minor child.
Legally, the ex-spouse who demands relocation must demonstrate that it’s in the child’s best interests. If the authorities decide that relocation is not in the child’s best interest, this does not mean that the parent cannot move. In this situation, the ex-partner can move away, but without taking the child.
The initial child custody agreement might need to be reopened and modified to include the new changes regarding the child’s custody. In both cases, the parent with joint custody can move away, but everything depends on what each one is willing to accept and how the terms of the agreement are renegotiated later. A divorce lawyer might help you in this process. Consider contacting one for more information to reach your desired goal.