Child Relocation After Divorce

There are many reasons that a custodial parent may want to relocate with their child or children. Whether it is for a job, financial reasons, or other means, child relocation after divorce is a common issue presented in court. Since relocation can have a great impact on the child and their well-being, it is not something that is taken lightly.

In Arizona, there are very detailed laws and guidelines that parents must follow and consider if they wish to either relocate their child, or prevent their child from being relocated with the other parent. According to Arizona state law, child relocation is defined as moving a child more than 100 miles within the state from their current residence, or moving them to a different state.

If a parent wants to request to relocate their child, they must either have sole custody or joint and primary physically custody of the child. If physical custody is equally shared, a hearing is required.

As a result of relocation, one parent faces losing parenting time if the other parent and child are allowed by the court to move away.

The major provisions of Arizona’s relocation law are as follows:

• If both parents live in Arizona and each has custody and/or parenting time rights, either parent is required to give at least a 60-day advanced written notice of their intent to move with the child move more than 100 miles within the state, or out of Arizona.
• The court can sanction a parent who fails to provide the required notice unless that parent had valid and good cause for not providing the notice. This sanction cannot modify any custody or parenting time unless it was in the child’s best interest.
• The non-relocating parent has 30 days to object to the relocation and petition for court relief.
• If the objecting parent misses the 30-day deadline, he relief can only be given for “good cause.”
• It is the court’s decision whether or not the proposed relocation will be allowed. The decision is made based on the best interests of the child.
• The relocating parent must prove that the relocation will be in the child’s best interest.

If you want to relocate with your children, or if your former spouse wants to relocate with them, it is extremely important to contact a family law attorney immediately. The Surprise child custody lawyers at The Sampair Group will represent you during this important time.