In Arizona, relocation is defined by statute A.R.S. § 25-408. It controls whether a parent may relocate with minor children either out of state or more than one hundred miles within the state of Arizona. The 100 mile provision can also be up for interpretation and may require competent advice.
The courts consider relocation requests by examining factors that affect the best interests of the child or children, including: the advantage of the move, the prospective quality of life, whether the relocation will allow the non-moving parent a realistic opportunity to exercise parenting time, the child’s relationship with family and friends in the home state or in the state where the parent is intending to move.
In most cases, you are not permitted to relocate without first providing notice to the other parent. The notice that is required is defined by statute. Rose Law Group pc Family Law attorneys can assist you in preparing the appropriate notice that conforms to the law.
If you received certified mail from your ex-spouse, who is the primary residential parent, you must immediately contact one of our attorneys so that we can discuss your rights immediately. You need to act quickly as you have a limited time-period to file a petition, or your ex-spouse can relocate without your permission. We can also discuss with you, on either side of the relocation case, whether utilizing a custody evaluator is appropriate given the facts of your case.
Relocation Frequently Asked Questions
What is relocation?
In a Family Law context, relocation is when a parent desires to move to a location more than 100 miles within the state of Arizona or anywhere outside of the state of Arizona, with their child.
What are the rules of relocation in AZ?
Generally, when deciding whether a parent can relocate with a child, an Arizona court is required by law to take into account the eleven “best interest factors” as delineated in the A.R.S. § 25-403. In addition, the court must look at the seven factors represented in the Relocation Statute, which is A.R.S. § 25-408.
What are your rights if your child’s other parent tries to relocate?
If you receive legitimate notice that the other parent is seeking to relocate, then you are required to file a petition with the court to prevent this relocation within 30 days. It is imperative that the parent files within 30 days, or he or she risks giving up all rights to contest the relocation.
What are your rights if you try to relocate?
If both parents have legal decision-making power, or, if both parents have unsupervised parenting time, or that parent must have the other parent served via a process server. Only in specific, restricted situations can a parent relocate prior to a court’s decision.
What are the factors a court considers with relocation?
The suitableness of a relocation request is determined by the court via a complex process. Since most relocations generate a serious impact on both parents’ existing parenting plans, much is at stake. Because of this, it is essential that the parents find a proficient, qualified lawyer to assist them in either applying for a relocation or contesting one.
How can an Arizona family law attorney help with your relocation case?
If you want to relocate with your children, or you are on the opposite end and the other party wants to relocate with your children, then this is your best time to consult with a family law attorney. The last thing you want to do is attempt to relocate without the other party’s permission. If taken to court, you could end up making the judge angry and losing legal decision-making rights of your child.
However, if you are on the opposite side and the other party is attempting to relocate, we advise to file a motion to prevent the move as soon as you can. Your best bet on stopping the move is to initiate a motion before the move even happens, as opposed to attempting to move the child back after the relocation has taken place.
No matter what side of the case you are on, you will want a family law attorney on your side. Taking the time to sit down with a family lawyer may be one of the best decisions you could make for the future of your family.
Contact us today to schedule an appointment to discuss your situation.
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