When a custodial parent in Arizona wishes to relocate with their children, various legal constraints are in place to protect the rights of both parents and the best interests of the children. Failure to comply with these rules can result in legal penalties and the loss of parental privileges. 

In cases where both parents have joint legal decision-making or parenting time rights, the parent seeking to relocate must provide at least 45 days’ advance written notice before relocating the child outside the state or more than 100 miles within the state. This notice is meant to ensure that the nonmoving parent is aware of the impending relocation and has sufficient time to respond or take legal action.

Upon receiving the required notice, the nonmoving parent has 30 days to petition the court to prevent the child’s relocation. This petition can challenge relocation on various grounds, all focusing on the potential negative impact on the child’s well-being and the nonmoving parent’s rights. After the 30-day period, a petition to prevent relocation can be granted only if the nonmoving parent shows good cause for the delay in filing. Despite this, the relocating parent can still petition the court for a hearing to assess the impact of the move on the other parent’s rights.

When determining whether to allow relocation, the court’s primary consideration is the child’s best interests. Factors such as the child’s relationship with both parents, the impact of the move on the child’s education and social life and the reasons for the relocation are meticulously evaluated. The court must be convinced that the relocation will not adversely affect the child’s overall well-being and that any changes serve to benefit the child’s development and stability.

In exceptional circumstances, immediate relocation may be necessary due to health, safety, employment or housing reasons. In such cases, a parent may temporarily relocate with the child before the court’s final determination. However, if both parents share joint legal decision-making rights, they must execute a written agreement for temporary relocation, setting terms to protect the child’s best interests during the interim period.

If a parent refuses, without good cause, to comply with a visitation or parenting time order, the court can take action. Non-compliance can result in legal consequences, including modification of custody arrangements or visitation schedules. These measures are designed to make sure that both parents adhere to court-ordered agreements, promoting consistent and meaningful contact between the child and both parents.

A parent contemplating an out-of-state or other long-distance relocation should seek advice from a qualified Arizona child custody attorney who can address their specific circumstances and make sure that their rights and their children’s best interests are adequately protected.

Clark & Schloss Family Law, P.C. in Scottsdale is ready to help you with your child custody and parenting time issues. We serve families throughout Maricopa County. Call us at 602-789-3497 or contact us online to set up your consultation.