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Review of Arizona’s relocation rules

On Behalf of | Sep 27, 2017 | Child Custody

Many parents in the Phoenix area realize that in some point in their lives, they are going to have to move their family, perhaps even several miles or even hundreds of miles from their current location. It is hard enough to do this when parents live together, but being a single parent who needs to move with the child’s mother or father to consider tends to add an extra layer of complication, particularly when the other parent does not agree with the move.

Like other states, Arizona has a law covering situations when parent or the other has to move. This law does not apply to all moves. A parent need only provide 45 days’ advance written notice to the other parent of the planned move when the move is going to be more than 100 miles or is going to be to somewhere outside the State of Arizona.

Thus, a move down the street or even across town does not require notice, although certainly parents should keep each other up to date on their addresses as a matter of courtesy.

Upon getting a notice, the other parent has 30 days to ask the court overseeing the case to stop the move. If there is no formal objection to the move, the parent may go forward with his or her plans; however, it is important to remember that unless the court issues a new order, all of the orders relating to parenting time and other matters remain in effect as if the move had not occurred.

If the other parent does object to the move, then the court will hold a hearing on whether the move is in the best interests of the children involved. The court can, in lieu of preventing the move, make appropriate changes to its custody and visitation orders.

This relocation law can actually present complicated legal issues that parent will need to be aware of and navigate through if he or she needs to move or, on the other hand, if he or she would like to stop the other parent from moving. These issues are often best worked through with the help of an experienced family law attorney.