Six Factors a Judge May Consider In Custody Relocation Cases

In custody relocation cases not only do you have to address the child's best interest factors but you have to address what is called the relocation factors. The relocation factors are special factors that the court is required to consider in relocation cases.

I had a relocation trial recently in Arizona so I wanted to briefly go over at least six factors the court will look at in Arizona.  These may be factors in your state as well but remember, you have to research the relocation factors in your own state

The judge is likely to look at these 6 Factors:

  1. Is the relocation being made or being opposed to in good faith?  In other words, is the motive to interfere with or to frustrate the relationship between the child and the other parent or the other parent's right of access to the child.
  2. What is the prospective advantage of the move for improving the quality of life for the custodial parent or for the child?  For example, if the child is with one parent a lot more than with the other parent and the parent who wants to relocate is the parent who has more time or is the parent who is taking the kids to all the doctors' appointments,  doing all the school activities,   extracurricular activities.  The judge is going to look at that person who has more time with the child and look at what the quality of life is going to be.
  3. What is the likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders?
  4. Will the relocation allow a realistic opportunity for parenting time with each parent?
  5. The extent to which the relocation is going to affect the mental, emotional, physical,  or developmental needs of the child.
  6. What are the motives of the parents and the validity of the reasons given for moving or opposing the move?  This includes the extent to which either parent may intend to gain a financial advantage regarding ongoing child support obligations.