Child Custody and Relocation Laws in Arizona

In Arizona, a custodial parent wishing to move with their child out of state or more than 100 miles away within the state must provide written notice of their plans to the other parent. They must give this notice within 45 days of the proposed move. The noncustodial parent has 30 days to respond.

 

How Does Arizona Law Define Relocation?

Per Arizona law, relocation involves one of the following:

• Moving to another state
• Moving more than 100 miles away within Arizona

A parent’s right to relocate with a child depends on the custody arrangement.

What Are the Custodial Parent’s Rights When Moving Out of State?

Under Arizona law, legal decision-making and parenting time are separate parental rights. Even if you are the custodial parent, the other parent may still have legal decision-making rights.

When both parents have legal decision-making or parenting rights and live in Arizona, a parent planning to relocate with their child must provide the other parent with advance notice. They may provide notice through certified mail and request a return receipt.

Does the Custodial Parent Need to Have the Court’s Permission Before Moving Out of State?

The custodial parent must notify the other parent with custody rights before relocating. If the noncustodial parent objects to the move, they can request a hearing for a court to determine its appropriateness. While the custodial parent does not necessarily need the other parent’s permission to move, they do need the court’s permission if the noncustodial parent objects.

There are also circumstances where a parent can temporarily relocate after providing notice to the other parent without waiting for them to decide whether they’ll object. For example, a parent with sole or joint legal decision-making and primary physical custody of a child may temporarily relocate due to eviction, health and safety reasons, or employment. They may do so without the court’s permission.

How Much Advance Notice Must One Parent Give the Other When Planning to Move?

The relocating parent must give the other parent 45 days’ advance notice. The noncustodial parent then has 30 days to respond.

Can the Noncustodial Parent Object If the Custodial Parent Wants to Move Out of State?

After the parent who plans to relocate provides notice, the other parent has 30 days to petition the court to prevent the relocation of their child. Doing so will initiate a child custody case.

The court will decide whether to permit a relocation. The court’s goal in these circumstances is to make a decision that’s in the child’s best interests. Factors the court may consider when making such a decision include:

• A parent’s reason for relocating
• How much a relocation may impact visitation rights
• Who has physical custody and who has legal custody
• The overall impact a move may have on a child’s wellbeing

A child’s own feelings could be factored into the court’s decision if the court considers them mature enough to understand the significance of such a decision. The court may also account for whether a parent appears to have unfairly influenced a child’s decision.

What Is a Parenting Time Agreement?

Legal decision-making in Arizona is essentially legal custody. When a parent has legal decision-making rights, they can make important choices about a child’s upbringing, education, extracurricular activities, and other matters. Parenting time, on the other hand, refers to physical custody, or the time a child spends with a parent.

A parenting time agreement clearly defines how parenting time is to be split between parents. Drafting and entering into a parenting time agreement may be a requirement in certain circumstances.

Factors to consider when working on a parenting time agreement include:

• The lifestyle a child has already grown accustomed to
• How a parenting time agreement will provide a child with consistency in their routine
• How you will ensure proper transportation for your child
• Whether other commitments influence when your child is available
• How work schedules can affect availability

What Is the Uniform Child Custody Jurisdiction and Enforcement Act?

You may have questions regarding how a relocation to a different jurisdiction may affect any future child custody proceedings. According to the Office of Justice Programs, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) addresses these matters.

When a state adopts the UCCJEA, the law requires that state to enforce child custody orders a court in a child’s home state has made. A child’s home state maintains jurisdiction over future child custody matters as well.

The UCCJEA defines a child’s home state as the state where the child has lived with a parent for at least six months before the filing of the legal action. In some cases, the UCCJEA dictates that a state a child has “significant connections” to has jurisdiction. This may be necessary when a child doesn’t have a legal home state because they haven’t resided in any state for six months.

The UCCJEA serves in part to guard against kidnapping. It can also ensure that a parent who relocates with a child must honor existing custody orders. However, the UCCJEA does not affect child support.

What If the Ex-Spouse Violates the Custody Order by Moving to Another State with the Child?

The UCCJEA grants jurisdiction in these matters to your child’s home state. You may take legal action through that state’s courts to enforce existing child custody orders when a co-parent relocates with your child without following the proper steps. That said, if there is any reason to suspect kidnapping, it’s vital to contact the police right away.

Contact an Arizona Child Custody Lawyer

Do you plan to relocate with your child? Or do you need help stopping a relocation? In either scenario, it helps to have legal assistance from Mushkatel, Robbins & Becker, PLLC. An Arizona child custody attorney with our firm can help you navigate these processes. Learn more by contacting us online or calling today for a free case review.

Visit Our Arizona Child Custody Law Offices