Another client of mine who opposed the relocation of his daughter out of Arizona received a winning ruling today. With this win, my record in relocation cases remains perfect. That is not to say that I will win every relocation case I take — not at all. It does, however, reinforce my belief that it is extremely difficult for the parent seeking to relocate a child out of state to get court permission to do so.
To date, every child relocation case I have had go to court, and I’ve had several, has been representing the parent opposing the relocation. That’s generally the easier side of the case to be on as an attorney. I’ll explain why. Child relocation cases in Arizona are governed by Arizona Revised Statute (ARS) Section 25-408. Under this statute, the parent seeking to relocate the child has the burden to prove that it would be in the child’s best interests to relocate. It’s not enough for the relocating parent to prove that the relocation would improve her own quality of life. The relocating parent has to show the relocation is the best thing for the child.
In a case with two kind, loving parents who are both actively involved in the child’s life before the proposed relocation, it is extremely difficult for the relocating parent to show that the benefits to the child of relocating outweigh the harm that would be caused by disrupting the relationship with the parent remaining in Arizona. In essence, the best thing for the child is almost always for both parents to remain in Arizona, where the child can have frequent, meaningful contact with both parents. If one parent forces the judge to make a decision between the parents by moving away, the judge will often rule in favor of the parent who is NOT the one rocking the boat. I believe it is just plain hard for the judge to bring herself to rule in favor of the person disrupting a situation (i.e., the child’s living near both parents) that is clearly so beneficial to the child.
In the case of a school-age child, the parent opposing the relocation also usually can make a strong argument that the child’s remaining in Arizona will promote stability for the child in areas such as education, peer relationships, and sometimes extended family relationships. Judges know just as everybody knows that stability is generally good for kids, so again, the parent seeking to relocate the child has a hefty burden on her hands. How does the parent seeking relocation prove that the child will be better off by moving out of Arizona and away from friends and from a school where the child is integrated and has been performing well? That’s a tough question to answer for the relocating parent and her attorney.
The lesson I am learning from my experience in this area is that a parent wanting to relocate should think before she acts. She shouldn’t accept a job out of state or commit to move out of state to be with a new boyfriend or husband before she asks herself at least two questions. First, how will this planned relocation affect my child and the other parent if my child is allowed to relocate with me? Second, how will this planned relocation affect my child and me if my child is NOT allowed to relocate with me? Given that the relocating parent’s odds of wining the relocation case are weak, maybe that second question should be the first one she asks herself before deciding to move.
Copyright © 2011 by Scoresby Family Law – J. Kyle Scoresby, P.C. All rights reserved.
You can also watch my video about relocation below.
