Relocation and Child Custody Laws in Arizona
One of the toughest challenges parents face after divorce is adjusting to less time with their children. While Arizona law prioritizes the best interests of the child and advocates for both parents to share parenting time and legal decision-making responsibilities equally, it’s not uncommon for one parent to seek relocation to another city or state. This decision may be driven by various factors, such as being closer to family, pursuing career opportunities, or seeking better housing or educational options for the child. However, such a move introduces complex legal and emotional challenges that can disrupt custody arrangements and strain the parent-child relationship.
In Arizona, a parent cannot simply relocate with their child out of state or more than 100 miles away from the other parent without meeting specific legal requirements. However, there are exceptions for parents facing unique circumstances such as health, safety, employment, or eviction issues. In these cases, the parent may request a temporary relocation order from the court to address immediate needs.
For all other relocations, the law mandates that the parent planning to move provide written notice to the other parent at least 45 days before the relocation. This notice gives the other parent 30 days to file a petition if they wish to block the move. If an objection is filed, the case will go before a judge, who will assess whether the relocation serves the child’s best interests. The court will carefully evaluate a range of factors to determine the most beneficial arrangement for the child’s well-being.
- The reason for the relocation
- Whether the move is made in good faith or with the intent to disrupt the other parent’s visitation rights
- The chances that the relocating parent will honor the parenting orders after the move
- The child’s wishes, if they are mature enough to express a preference
- Whether the move is motivated by bad faith, such as financial gain or self-interest
- The potential impact of the relocation on the child’s overall well-being and quality of life
- The feasibility of maintaining meaningful parenting time with both parents after the move
- The child’s current, past, and potential future relationship with both parents and how the relocation may impact these bonds
Trust Shaffer Family Law for Expert Legal Guidance on Arizona Child Custody and Relocation
Relocating with your child after a divorce is often a complex and emotionally charged process, especially when the other parent does not consent. During the hearing, both parents will present their evidence, and the judge will evaluate whether the move aligns with the child’s best interests. The burden of proof lies with the relocating parent, who must present compelling testimony and evidence to demonstrate the necessity of the move. If the court approves the relocation, it may result in modifications to the custody arrangement and parenting time schedule, which both parents will be required to follow.
At Shaffer Family Law in Arizona, we know that relocation cases can shape your family’s future. Whether you’re pursuing or contesting a move, our experienced attorneys handle every detail—from filing petitions to presenting a compelling case in court and securing necessary parenting plan modifications. Trust our expertise to navigate the legal complexities and fight for the best outcome for you and your child. Call us at (480) 470-3030 or schedule your appointment online today.
Sources:
https://www.azleg.gov/ars/25/00408.htm
https://www.divorcenet.com/resources/child-custody-and-relocation-laws-arizona.html