Friday, March 18, 2016

Moving Away After Divorce With Kids?

Life after divorce is seldom without challenges.  When one parent needs to relocate out of state or even country, it can open up a brand new set of problems.  

Just when your parenting plan was beginning to feel comfortable, so many times people suddenly face major changes after divorce.  Your carefully crafted rules of visitations are out the window. Co-parenting long distance is nearly impossible; and the equal time designations will have to swiftly be reconfigured.  For divorced or separated parents, relocation is much more complicated. Your move may have a big impact on your child custody or visitation rights. In fact, a court could even stop you from moving at all unless you give up that routine parenting time you have with the children.

A new job that whisks you away to a new state or even a new country may very well be in the best interest of the children, financially, and the court will support a move that is to better all of your lives.  

Going to “get away” is less favorable to the court.  Perhaps you want a change of scenery, fresh start or perhaps to move back to the childhood neighborhood you left years ago. You may not realize it, but the fate of your move may already be sealed, long before you pack the first box or even mention the move to your ex-spouse. Check your divorce or child custody decree for any travel restriction on either parent's ability to move the child beyond a specified geographical limit. Travel restrictions are common, and they're usually worked out between the parents during the divorce.

During mediation, the parents have the help of an expert facilitator, the mediator, in resolving these changing circumstance challenges. A skilled mediator can assist parents to face and discus all the terms that will have to be changed when one of the parents move away.  Then the mediator prepares the terms changes to be submitted to court as a new order. 

Whether you are the mother or the father that is moving, mediation is great way to expedite your parenting time changes.  In a recent case, a Father was transferred out of state by his employer, and realizing what his chances were for uprooting teenaged children were, he sought mediation to secure all the additional time he could have when the kids were on school breaks.  WHYmediate secured new parenting time for both with more time on holidays and summer for the move-away parent.  A video and audio chat schedule was also outlined to ensure the parent-child bond stays in tact. 

Relocation mediation is an expedient process to help parents reach a new real terms based on real schedules and real financial concerns for both parents. Child custody, now in Arizona called Primary Parenting Time and Primary Decision Making, mediation differs from the more conventional litigated custody dispute in nearly every respect. Whereas, typical attorney representation involves litigation that most people are perhaps more familiar with, each party retains an attorney to go to court to "fight" on their behalf in an effort to "win" custody of their children. This archaic adversarial process is founded on the old fashioned concept of fighting, combat, winning and losing.

Relocation mediation, on the other hand, is a process in which the parents choose a mediator, often a skilled and experienced child custody attorney, who works with both parents in an effort to assist them in reaching an agreement on issues relating to custody of their children. It is the parents who retain control over the process and over the decisions that are reached. In the litigation model, the court is often used as a forum within which parents fight against each other rather than work together.

Your next step can be a simple phone call to us at 480-777-5500.

At WHYmediate?, Find out why mediation will allow you to resolve many different types of conflicts in a positive learning environment that covers how to deal with all the upcoming days in your life.

WHYmediate? Mediation Services
4500 South Lakeshore Drive Suite 300 
Tempe, AZ 85282 
(480) 777-5500
http://whymediate.solutions