[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.phoenixlawteam.com\/blog\/child-custody-and-relocation-laws-in-arizona\/#BlogPosting","mainEntityOfPage":"https:\/\/www.phoenixlawteam.com\/blog\/child-custody-and-relocation-laws-in-arizona\/","headline":"Child Custody and Relocation Laws in Arizona","name":"Child Custody and Relocation Laws in Arizona","description":"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...","datePublished":"2024-02-26","dateModified":"2026-04-13","author":{"@type":"Person","@id":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam-zach\/#Person","name":"Zachary Mushkatel","url":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam-zach\/","identifier":24,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/fd982df245bac5ca956f9a35879e7f3b6827ba255c2fba7b3af833bca79ccc76?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/fd982df245bac5ca956f9a35879e7f3b6827ba255c2fba7b3af833bca79ccc76?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Mushkatel, Gobbato, & Kile","logo":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","width":459,"height":157}},"image":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2024\/02\/mother-hugging-daughter.jpg","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2024\/02\/mother-hugging-daughter.jpg","height":667,"width":1000},"url":"https:\/\/www.phoenixlawteam.com\/blog\/child-custody-and-relocation-laws-in-arizona\/","about":["Child Custody"],"wordCount":1109,"articleBody":"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. Table of ContentsHow Does Arizona Law Define Relocation?What Are the Custodial Parent\u2019s Rights When Moving Out of State?Does the Custodial Parent Need to Have the Court\u2019s Permission Before Moving Out of\u00a0State?How Much Advance Notice Must One Parent Give the Other When Planning to Move?Can the Noncustodial Parent Object If the Custodial Parent Wants to Move Out of State?What Is a Parenting Time Agreement?What Is the Uniform Child Custody Jurisdiction and Enforcement Act?What If the Ex-Spouse Violates the Custody Order by Moving to Another State with the Child?Contact an Arizona Child Custody LawyerHow Does Arizona Law Define Relocation?Per\u00a0Arizona law, relocation involves one of the following:Moving to another stateMoving more than 100 miles away within ArizonaA parent’s right to relocate with a child depends on the custody arrangement.What Are the Custodial Parent\u2019s Rights When Moving Out of State?Under\u00a0Arizona 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\u2019s Permission Before Moving Out of\u00a0State?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\u2019s permission to move, they\u00a0do\u00a0need the court\u2019s 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\u2019ll 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\u2019s 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\u2019 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.\u00a0The court\u2019s goal in these circumstances is to make a decision that\u2019s in the child\u2019s best interests. Factors the court may consider when making such a decision include:A parent\u2019s reason for relocatingHow much a relocation may impact visitation rightsWho has physical custody and who has legal custodyThe overall impact a move may have on a child\u2019s wellbeingA child\u2019s own feelings could be factored into the court\u2019s 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\u2019s 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\u2019s 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 toHow a parenting time agreement will provide a child with consistency in their routineHow you will ensure proper transportation for your childWhether other commitments influence when your child is availableHow work schedules can affect availabilityWhat 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\u00a0Office 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\u2019s home state has made. A child\u2019s home state maintains jurisdiction over future child custody matters as well.The UCCJEA defines a child\u2019s 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 \u201csignificant connections\u201d to has jurisdiction. This may be necessary when a child doesn\u2019t have a legal home state because they haven\u2019t 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\u2019s home state. You may take legal action through that state\u2019s 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\u2019s vital to contact the police right away.Contact an Arizona Child Custody LawyerDo 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, Gobbato, & Kile, P.L.L.C.. 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 confidential case review.Visit Our Arizona Child Custody Law Offices[    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question\",        \"text\": \"Under\u00a0Arizona 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.\",        \"@id\": \"https:\/\/www.phoenixlawteam.com\/blog\/child-custody-and-relocation-laws-in-arizona\/#Answer\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question1\",        \"text\": \"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\u2019s permission to move, they\u00a0do\u00a0need the court\u2019s permission if the noncustodial parent objects.\",        \"@id\": \"https:\/\/www.phoenixlawteam.com\/blog\/child-custody-and-relocation-laws-in-arizona\/#Answer1\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question3\",        \"text\": \"The relocating parent must give the other parent 45 days\u2019 advance notice. The noncustodial parent then has 30 days to respond.\",        \"@id\": \"https:\/\/www.phoenixlawteam.com\/blog\/child-custody-and-relocation-laws-in-arizona\/#Answer2\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question4\",        \"text\": \"A parenting time agreement clearly defines how parenting time is to be split between parents. 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