In Arizona, certain legal requirements must be followed when a custodial parent wishes to relocate with a child over a long distance. The applicable law is designed to protect the rights of both parents and, most importantly, the best interests of the child.

Under Arizona Revised Statutes § 25-408, if both parents live in Arizona and either parent has joint legal decision-making or parenting time rights, the parent seeking to relocate must provide at least 45 days’ advance written notice to the other parent before moving the child more than 100 miles within Arizona or outside of the state entirely. The notice must be delivered by certified mail, return receipt requested, or by accepted means of service. This gives the other parent an opportunity to object in court if desired.

If the non-relocating parent objects, they have 30 days to petition the court to prevent the relocation. The parent proposing the move must then file a motion seeking court permission before relocating the child. The court will conduct a hearing and determine if relocation is in the child’s best interests, focusing on the effect of the move on the child’s emotional, psychological, and physical well-being. The court will be guided by these statutory factors: 

• The child’s relationship with each parent and others who significantly affect the child’s best interests.

• The child’s adjustment to home, school, and community.

• The wishes of the child if mature enough to express a reasoned preference.

• The reasons for relocation and for opposing it; whether the move is for legitimate reasons or to interfere with the other parent’s relationship.

• The ability to preserve the relationship between the non-relocating parent and child through suitable parenting time arrangements.

• The effect of relocation on enhancing the lives of the custodial parent and child.

• Any domestic violence or child abuse, or coercion and duress in seeking consent for relocation.

If the court allows the relocation, it may issue an order modifying parenting time, transportation responsibilities, or decision-making authority to ensure ongoing contact with both parents. If the court denies the move, it may order the child to remain in Arizona and may even grant primary residential custody to the non-relocating parent if the custodial parent moves without the child.

Whether you are seeking relocation or opposing it, an Arizona child custody attorney can provide vital assistance. For a relocating parent, a lawyer can ensure all notice and procedural requirements are strictly followed; help present a compelling, well-documented case that demonstrates how the move benefits the child; and propose reasonable visitation plans for the other parent. For a parent opposing relocation, a lawyer can help file an objection within strict deadlines, present evidence challenging the move’s necessity or benefits, and argue for alternative custody arrangements. 

Clark & Schloss Family Law, P.C. in Scottsdale assists Arizonans in negotiations and legal proceedings related to parental relocation. Please call 602-789-3497 or contact us online to schedule a consultation.