Parental Relocation and Child Move-Away Situations Under Arizona Law
Situations where the custodial parent wants to move out of the state of Arizona to another state, and take the child, is a particularly difficult matter for a parent to handle on their own. Not only is it vital to have a firm grasp on the legal arguments, which can be complex, it is important to have the right litigation strategy and know which evidence to present to the court. The court will grant a relocation request under certain circumstances, so failure to make the appropriate arguments in support of the move away could result in the court denying the request to move. The services of a custody evaluator or parenting coordinator may also be necessary.
If you do not follow the appropriate legal procedure, you will be held in contempt of your child custody order. Where the parents have joint custody, Ariz. Rev. Stat. § 25-408 requires the relocating parent to give at least 60 days advance written notice before the parent may relocate the child either out of the state or more than 100 miles away even within the state of Arizona. The non-moving parent then has 30 days to file a petition with the court to prevent the relocation. Failure to file a timely petition could result in the court allowing the relocation on a temporary or permanent basis.
Because a move to another location may effectively preclude or limit the Arizona resident parent from exercising regular and frequent visitation, the courts take parental relocation and child move-away cases very seriously. The judge will want to ensure that the move is not simply an attempt to deny the other parent visitation, but that there are compelling reasons for the move, such as:
The court will look at the degree of involvement of the other parent in the life of the child and the age of the child. The judge will also examine the financial ability of the parents to afford the travel expenses associated with long distance visitation. Frequently a mental health expert is needed in order to give an opinion on the best interests of the child in parental relocation cases.
At Wilson-Goodman & Fong, P.L.L.C., our family law attorneys understand that maintaining a positive and caring relationship with your child is critical to both you and your child. We work hard to ensure that our clients' interests — and the interests of their children — are protected.
If you need to relocate out of state, or if you wish to prevent your child from being removed from Arizona, you will need to understand your rights under Arizona child custody law. Contact Wilson-Goodman & Fong, P.L.L.C. in Gilbert & Queen Creek to schedule an appointment to speak with an attorney about your child custody or relocation dispute: