{"id":603,"date":"2011-08-25T21:57:57","date_gmt":"2011-08-25T21:57:57","guid":{"rendered":"http:\/\/scoresbyfamilylaw.com\/blog\/?p=603"},"modified":"2019-11-23T22:26:42","modified_gmt":"2019-11-24T05:26:42","slug":"another-win-today-in-child-relocation-case","status":"publish","type":"post","link":"https:\/\/scoresbyfamilylaw.com\/blog\/2011\/08\/25\/another-win-today-in-child-relocation-case\/","title":{"rendered":"Another Win Today in Child Relocation Case"},"content":{"rendered":"

\"\"<\/a>Another client of mine who opposed the relocation of his daughter out of Arizona received a winning ruling today.\u00a0 With this win, my record in relocation cases remains perfect.\u00a0 That is not to say that I\u00a0will win every relocation case I take — not at all.\u00a0 It does, however, reinforce my belief that it is extremely difficult for\u00a0the parent seeking to relocate a child out of state to get court permission to do so.<\/p>\n

To date, every child\u00a0relocation case I have had go to court,\u00a0and I’ve had several, has been representing the parent opposing<\/em> the relocation.\u00a0 That’s generally the easier side of the case to be on as an attorney.\u00a0 I’ll explain why. \u00a0 Child relocation cases in Arizona are governed by Arizona Revised Statute (ARS) Section 25-408.\u00a0 Under this statute, the parent seeking to relocate the child has the burden to prove that it would be in the child’s<\/em> best interests to relocate.\u00a0\u00a0 It’s not enough for the relocating parent to prove that the relocation would improve her own quality of life.\u00a0 The relocating parent has to show the relocation is the best thing for the\u00a0child.<\/em><\/p>\n

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\u00a0difficult 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.\u00a0\u00a0\u00a0In 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.\u00a0\u00a0 If one parent forces the judge to make a decision between the parents by moving away, the judge will often rule in favor of\u00a0the parent who is NOT the one rocking the boat.\u00a0 I believe\u00a0it is just plain hard for the judge to bring herself \u00a0to 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.<\/p>\n

In the case of a school-age child, the parent opposing the relocation also usually can make a strong\u00a0argument that the child’s\u00a0remaining in Arizona will promote stability for the child in areas such as education, peer\u00a0relationships, and sometimes extended family relationships.\u00a0\u00a0Judges know just as\u00a0everybody knows\u00a0that stability\u00a0is generally good for kids, so again, the parent seeking\u00a0to relocate the child\u00a0has a hefty burden on her hands.\u00a0\u00a0 How\u00a0does the parent seeking relocation prove that the child<\/strong> will be better off by\u00a0moving out of\u00a0 Arizona and away from friends and from a school where the child is integrated and\u00a0has been performing well?\u00a0 \u00a0That’s a tough question to answer for the relocating parent and her attorney.<\/p>\n

The lesson I am learning from my experience in this area is that a parent wanting to relocate should think before she acts.\u00a0\u00a0She 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.\u00a0\u00a0 First, how will this planned relocation affect my child and the other parent if\u00a0my child\u00a0is allowed to relocate with me?\u00a0 Second, how will this planned relocation affect my child and me<\/em> if my child is NOT allowed to relocate with me?\u00a0\u00a0\u00a0Given that the relocating parent’s odds of wining\u00a0the relocation case are weak, maybe that second question should be the first one she asks herself before deciding to move.<\/p>\n

Copyright \u00a9 2011 by Scoresby Family Law \u2013 J. Kyle Scoresby, P.C. All rights reserved.<\/p>\n

You can also watch my video about relocation below.<\/p>\n