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Relocation

If a parent wishes to relocation outside the state of Arizona or more than 100 mile within the state, there are rules to follow (A.R.S. 25-408) and things to consider.

First, if the parties have joint legal decision making or unsupervised parenting time and both parties have lived in Arizona, then 60 days advance notice must be given to the other parent. The “notice” has to be given by certified mail, return receipt. There are also some exceptions to the time frame if the move is required for employment or health or safety.

The non-moving parent has 30 days from when they received the Notice to file a Petition, objecting to the relocation. If more than 30 days has passed and you wish to prevent relocation, you’ll have to convince the judge that there is good cause for the delay and/or to stop the move. There are also some exceptions to the time frame if the move is required for employment or health and safety.

If the parties have already discussed and agreed in writing that the parent and child(ren) can relocate and the relocation is taking place within one year of the signed agreement, then the Notice requirement isn't necessary.

 

The Law

If the parties are not in agreement about the children moving, then the court will consider the following factors of A.R.S 25-408(H):

  1. The factors prescribed under section 25-403.

  2. Whether the relocation is being made or opposed in good faith and not 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.

  3. The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child.

  4. The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders.

  5. Whether the relocation will allow a realistic opportunity for parenting time with each parent.

  6. The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child.

  7. The motives of the parents and the validity of the reasons given for moving or opposing the move including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations.

  8. The potential effect of relocation on the child's stability.

Schmaltz Law Father & Daughter Camping Photo