Ashley Donovan Law, PLLC
Tempe Family Law Attorney
480-900-5334
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My ex spouse wants to move: How will this affect custody?

When you are going through a divorce and a child custody battle, a great number of factors must be considered. In the state of Arizona, as in most other states, the primary basis for determining the type of child custody that will be granted is what is believed the be in the best interests of the child.

However, when your spouse decides that he or she would like to relocate mid-way through the divorce proceedings, you may be confused about how the courts will rule. It is likely that you will be concerned that the courts will grant the other spouse full custody because he or she has been the primary caregiver in the past. Here are the things to consider in such a situation.

What is considered in the best interests of the child?

There are many factors that come into play when the best interests of the child is considered. One of the biggest factors is the age of the child or children. An older child may have secured friends at school, and therefore does not want to move away from the area. In this case, it may be considered against the child's best interests to relocate.

In the case of young children or babies, the courts may believe that consistency of care is key. They will probably think that it is best if the children stay with the parent who has given them primary care for most of their life, no matter where they move to.

What are other factors that will be considered in Arizona?

The courts will also consider whether parents have a history of domestic violence, what their history of care has been, whether they can provide a stable home for their children, and what their relationship is with the children.

When one spouse is planning on moving away while the divorce is being filed, the most important place to start negotiation is with face-to-face communication. Perhaps the two of you can come to some kind of agreement about how you will raise your children in the future.

If a verbal agreement cannot be made about relocation and child custody, you should look into your legal options.

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Tempe, AZ 85282

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