Northern Arizona Child Relocation and Move-Aways
It is not uncommon for one parent to request that he or she relocate out of Arizona with the child. This can obviously pose problems to the parent that is remaining in Arizona. Actually the law provides the same procedure to be followed if the relocation is as great in distance as moving out of Arizona or as little in distance as moving over 100 miles within Arizona. At the Law Offices of Scott David Stewart, we are experienced in helping clients pursue a legal relocation or prevent the relocation of a child.
Call 928-252-3996 to schedule an appointment with an experienced family law attorney or contact us by e-mail. We are committed to protecting the rights of our clients and the best interests of their children in relocation cases.
Parental Rights to Child Relocation
Obviously the Court does not have the authority to prevent a parent from moving out of state. However, the Court does have authority to either order that the child may be allowed to relocate with the moving parent, or prevent the relocation, if in the child's best interests. If you cannot resolve the dispute without taking legal action, it is important to work with an experienced and trusted custody attorney.
Either parent can seriously hurt and damage their case by not following the statute in the early stages of the relocation case. We have often seen parents damage their case by acting too aggressively too soon, as well as parents who hurt their case by not acting aggressively enough soon enough. Therefore, it is advisable to consult with an attorney before discussing the issue of relocation with the other parent.
The Uniform Child Custody Jurisdiction and Enforcement Act
It is not uncommon for a custody case to involve more than one state. One parent may believe Arizona is the proper state to handle the child issues (what is called jurisdiction) and the other parent may believe jurisdiction is proper in another state. To address the very issue of what state should make the decisions regarding children issues all states have adopted a version of the Uniform Child Custody Jurisdiction and Enforcement Act, which is referred to as the "UCCJEA."
There are many factors that the courts will consider to determine which state should handle the child issues.
Home State: In its simplest form the court(s) will usually look to see where the child has lived for the past immediate six (6) months prior to the commencement of an action. The period the child has lived for the immediate past six months is called the "Home State." Usually the Home State of the child will be the proper state to handle the child issues of a case. But it is not always that simple and the courts may also look to see which state is the more convenient court to handle the case.
Inconvenient Forum: Even though a state may have jurisdiction of the child issues the court may wish to decline the case because it finds the state is inconvenient to handle the case. This is referred to as "Inconvenient Forum." So for various reasons, maybe the location of witnesses and documents, whether there was or is domestic violence involved, the financial resources of the parties, the length of time the child lived in either state and many other reasons, a court may find that the case should be handled in another court.
Emergency Jurisdiction: Like everything in the law there are usually exceptions and provisions to address emergency circumstances. For example, Arizona can take emergency jurisdiction of a case if the child is currently in Arizona and has been abandoned or the child needs to be protected from mistreatment or abuse.
Jurisdiction cases can be very complex and, in fact, often require the judges from the two or more states to have a conference to determine amongst themselves which state should handle the case. Therefore it is not uncommon for the parents to have to consult with attorneys from each state involved.
For more information please call 928-252-3996 or contact us by e-mail to arrange an initial consultation or case evaluation. Our lawyers are dedicated to providing experienced comprehensive legal service to clients in Flagstaff and throughout Northern Arizona.