Yuma: How Relocation Can Impact Your Child Custody Agreement

If you are planning a
long-distance move or plan to move to another state with your children, and
have primary custody of your children, you may want to plan ahead. Relocation
can have major implications for your child custody agreement. If your move will
impact your former partner’s ability to see your children on a regular basis,
you may need to make written changes to your parenting plan, which may require
a renegotiation of this plan with your former partner. If your former partner
doesn’t agree to these changes, you may need to petition the court to approve
the move. You may also have a legal obligation to let the court know about your
plans to move out of state. For example, in Arizona, if you plan to move out of
state or if you plan to move further than 100 miles from your current home, you
may be legally required to notify the court.

Many child custody plans will
have provisions about how far the custodial parent can move. If you plan to
more further away, you may need to provide written notice to your former
partner. Schneider & Onofry, P.C. are child custody lawyers in Yuma,
Arizona who can help you understand how relocation might impact your parenting
plan. If you must petition the court for your relocation, it is important to
understand that doing so could result in dramatic changes to your parenting
plan. In fact, the non-custodial parent may even petition the court for primary
custody or may be able to request changes to the parenting plan as a result of
your move. Before making any big moves or changes to your parenting plan,
consider speaking to Schneider & Onofry, P.C. a child custody lawyer in
Yuma, Arizona today.

If your former partner is
planning a long-distance move, and this will impact your ability to see your
children, you may be able to petition the court to prevent the move, or may be
able to request primary custody of your children due to the change. If you
agree to the move, you may be able to request additional support from the
parent making the move to ensure that you can continue to see and visit your
children. Schneider & Onofry, P.C. are child custody
lawyers in Yuma, Arizona
who can
review your situation and help you understand the options that may be available
to you.

Child Custody & Your Move

If you and your former
partner cannot agree about how to renegotiate your parenting plan to
accommodate your long distance move, you may need to petition the court to
permit the move. A judge will review the situation and decide whether the move
is in the best interests of the child. What factors will the court consider?

·Why you
are moving. If you are moving because you will receive a better job that will
improve your financial situation, this might be viewed more favorably than a
move made on a whim.

·Whether
the move will impact the other parent’s visitation rights. This is where the
case can sometimes get complicated. Any long distance move will generally
impact the non-custodial parent’s visitation. However, if the non-custodial
parent rarely asserts his or her visitation rights, you may have a stronger
case to support your move. Gathering proof and documentation to show how your
move will or won’t impact your former partner is essential.

·The
effect the move will have on the child’s best interests.

The court may also consider
whether your move is a bad faith effort to limit contact between your child and
the non-custodial parent. It is important to build a strong case before taking
your petition to the court, because the non-custodial parent could take
advantage of a material change in circumstances to also petition the court for
primary custody. Schneider & Onofry, P.C. are child custody attorneys in
Yuma, Arizona who can help you with your case and help you plan ahead.

Fighting for Custodial Rights
in Yuma, Arizona

If you are a non-custodial
parent and your former partner is moving away, you may have important rights
under the law. You may be able to petition the court to prevent the move. If
your former partner failed to provide written notice to you or to the court, he
or she could face a court challenge for making the move. Finally, you may also
be entitled to petition for primary custody if your former partner is planning
to move away. You may have a range of options under the law. Schneider &
Onofry, P.C. are child custody attorneys in Yuma, Arizona who may be able to
assist you with fighting for your custodial rights if your child’s custodial
parent is planning to move away and this will impact your visitation.