Arizona Divorce Guide

Relocation Of A Child’s Home

The courts must continue to make decisions Relocating a childin the best interest of the children, but when considering an out of area or out of state move, must examine all relevant factors before making that determination:

  • The wishes of the child’s parent or parents as to custody
  • The wishes of the child as to the custodian
  • The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest
  • The child’s adjustment to home, school and community
  • The mental and physical health of all individuals involved
  • Which parent is more likely to allow the children frequent and meaningful continuing contact with the other parent
  • Whether one parent, both parents or neither parent has provided primary care of the child
  • The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody
  • Whether either parent was convicted of an act of false reporting of child abuse or neglect
  • Whether there has been domestic violence or child abuse as defined in section 25-403.03
  • Whether the relocation is being made or opposed in good faith and not to interfere with or to frustrate the relationship between the child and the other parent or the other parent’s right of access to the child
  • The prospective advantage of the move for improving the general quality of life for the custodial parent or for the childRelocation
  • The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders
  • Whether the relocation will allow a realistic opportunity for parenting time with each parent
  • The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child
  • The motives of the parents and the validity of the reasons given for moving or opposing the move including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations
  • The potential effect of relocation on the child’s stability  [A.R.S. §25-403]
The relocating parent bears the burden to prove relocation is in best interests of the child. Notice of 60 days before relocation is required. Non-relocating parent has 30 days after receipt of notice to object.Ariz. Rev. Stat. Ann. § 25-408(G)
Notice and Response

When both parents are entitled to custody or parenting time with their child, and one parent has a desire to move the child more than 100 miles away, state law requires that the moving party notify the other parent in writing at least 60 days before the move. The objecting parent has 30 days after being notified to file an objection to the court. The relocating parent has to overcome the objecting parent and prove to the court that the move is in the best interest of the child and not simply a move to deny contact with the objecting parent.

Court will permit temporary relocation without approval by the court when the relocating parent has sole custody or primary custody if the custodian needs to move for health, safety or employment reasons. The court will rule on the move and the moving parent may be required to move back. Where the parents have equal custody rights, the relocating parent must receive written permission from the other parent.

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