Relocation, Jurisdiction and Interstate Custody and Support

Phoenix, Arizona, Relocation Attorneys

Since 1959, the law firm of Warner Angle Hallam Jackson & Formanek, PLC has helped parents deal with the child custody, parenting time and child support issues that arise when one parent wants to move to a different city or state. If you want to relocate with your child, or if you want to challenge the relocation, we will stand by your side and advocate for your parental rights and interests.

E-mail or call our Phoenix attorneys at (602) 264-7101 to schedule a meeting about relocation and interstate custody issues.

Procedures in a Relocation Case

Do you have an existing child custody order, but want to move out of Arizona or more than 100 miles away from your current residence? You must follow certain procedures set forth in A.R.S. § 25-408:

• If parents share joint legal custody: The parent intending to move must provide 60 days advance notice by certified mail to the other parent. The other parent then has 30 days to file a petition with the Court to prevent the relocation.
• If a parent has sole legal custody, or primary physical custody: The relocating parent may "temporarily" relocate with the children until the Court schedules a trial. This is only true if the move is required for reasons of health, safety or employment of the moving parent or his/her spouse.

The Court considers all of the child custody factors set forth in A.R.S. § 25-403, as well as additional factors set forth in A.R.S. § 25-408(I) to determine whether relocation is permitted. Our family law attorneys are experienced in both securing permission from the Court to allow a parent to move with a minor child and also in obtaining Court Orders to prevent such relocations. We strive to obtain the best possible solution in your situation.

Meeting the Challenges of Interstate Child Custody and Support

Child custody and child support matters involving multiple states present unique challenges. Typically, Arizona Courts can help enforce these orders from other states, provided that the proper domestication and registration procedures are followed. However, modifying existing orders is more difficult.

The first issue in interstate modification cases is whether Arizona has jurisdiction to hear the case. In child custody cases, the Uniform Child Custody Jurisdiction and Enforcement Act governs the analysis. In child support cases, the analysis is governed by the Uniform Interstate Family Support Act. When there are cases pending in two different states, each party typically needs two attorneys, one in each state, to argue why each state does (or does not) have jurisdiction to hear the dispute.

Our family law attorneys have substantial experience in these types of disputes, and are familiar with the statutes and cases that control these complex legal issues.

Contact us inline or at (602) 264-7101 to schedule a meeting with an experienced child custody and support modification lawyer.