questions & answers

Question: Me and my ex wife have shared custody of our six year old daughter for the past 5 and half years. My ex wife now wants to move from chandler to queen creek, changing my daughters school to the queen creek area. I stated this was not fair because my drive would increase to 15 extra miles per trip, adding more drive time during my visitation days. Is this a fair assumption on my part? If we go to court what should I expect from a judge's descision?

Answer:

Whenever a judge is called upon to make a decision about legal decision-making or parenting time, the judge will use the "best interests of the child" standard.  A.R.S. 25-403.  Under this standard, the judge will look at many different factors - such as the relationship (past, current, and future) between the child and parent(s); the child's adjustment to home, school, and community; sibling relationships, and all other relevant facts.  Because the best interests standard requires consideration of the specific facts of a case, it is impossible to predict how a judge would rule in any single case.  Additionally, courts prefer that parents resolve, or attempt to resolve, issues prior to seeking judicial intervention.  For additional information and assistance regarding legal decision-making and parenting time, read AZLawHelp's article Things You Should Know About Custody and Parenting Time and the Supreme Court of Arizona's guide manual Planning for Parenting Time.