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Child custody modification and relocation in Arizona-Part I

As Phoenix, Arizona residents would agree, divorce becomes inherently more complicated when children are involved. While spouses can look forward to a better future ahead, children are sometimes left feeling insecure, believing that parents should remain together and live under the same roof. While always keeping the best interests of the child in mind, a court often orders one parent to take custody of a child and orders the other parent to pay child support.

In Arizona, and throughout the country, the non-custodial parent is given visitation rights, ensuring that the child has contact with the non-custodial parent. This is again in the best interest of the child and may be changed only if the court feels that the parent's visitation rights are harmful to the emotional or moral well-being of the child.

Arizona courts may also modify the child custody order. It may modify or grant visitation rights, whenever the court feels that it is in the best interest of the child. If both the parents have child custody rights and both reside in Arizona, a 60-day notice period must be given to the other parent when a child is being relocated to another state or is being relocated beyond 100 miles of the same state.

This notice must be delivered by mail. If a parent does not conform to the notice, the court may issue a sanction. This will affect child custody and parenting time. This is also done in the best interest of the child. In addition to these provisions, Arizona Statute § 25-408 also has other provisions, which we will discuss in our next blog post.

Source: LRCVAW.org, "Arizona Relocation Statute," Accessed on May 7, 2015

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