Arizona Limits on Moving Out of State While Under a Child Custody Order

In Arizona divorces, spouses with children become subject to a child custody order, officially known as a legal decision-making or parenting time decree. If one of the parents seeks to move with a child out of state and the other parent does not agree, court permission is required. However, there are significant strictures on obtaining such permission.

A relocation out of state, or more than 100 miles within the state, requires a modification of the original custody order. However, a state statute precludes a modification earlier than one year after the order’s date. The only exception is when the court finds, based on affidavits, that there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health.

This requirement is in addition to another statute that generally requires that the parent desiring the move out of state or more than 100 miles within the state give written notice to the other parent at least 45 days in advance of the planned relocation. Within 30 days of the notice, the other parent may object to the relocation and may petition the court for a hearing, at which both sides may present evidence.

A judge will usually allow relocation if it is in the best interests of the minor children and not prejudicial to the non-moving parent’s relationship with the child. A variety of factors can be considered, such as:

• Whether the parent seeking relocation is doing so for a proper reason, such as employment or education, or an improper reason, such as to deprive the other parent of parenting time
• The distance involved in the intended relocation
• Each parent’s past and current relationship with the child
• Each parent’s ability to provide a stable home environment for the child
• The child’s relationship with any siblings or extended family members
• The child’s perceived ability to adapt to a new living situation
• The child’s preferences (if the child is of a sufficient age or maturity level)

Another time limit applies if the parent with whom the child primarily resides is in the military. If that parent is deployed a substantial distance away from the residence, no custody modification order can be issued until 90 days after the deployment ends, unless the deployed parent agrees to an earlier order.

If a modified child custody order is granted, can include measures to protect each parent’s right to parenting time. In order to secure the best possible outcome, a parent planning for or opposing a relocation should seek legal guidance from an experienced child custody attorney.

Clark & Schloss Family Law, P.C. in Scottsdale offers effective representation of clients in relocation cases and other family law matters throughout Arizona. To schedule a free consultation with one of our skilled attorneys about your case, please call 602-789-3497 or contact us online.