Can a parent move away with the children in Arizona?

Question

Accepted Answer

Yes, a parent can relocate with a child in Arizona, but if both parents share joint legal decision-making or parenting time under a written agreement or court order and both reside in the state, the moving parent must give the other parent at least forty-five days' advance written notice before relocating the child out of state or more than one hundred miles within the state, sent by certified mail, return receipt requested, or pursuant to the Arizona rules of family law procedure .

Within thirty days after that notice is made, the nonmoving parent may petition the court to prevent the relocation; after that window, such a petition may be granted only on a showing of good cause . The relocating parent may also petition the court for a hearing, on notice to the other parent, to determine the appropriateness of a move that may adversely affect the other parent's rights .

If relocation is contested, the court decides whether to allow the move according to the child's best interests, and the burden of proving what is in the child's best interests rests on the parent seeking to relocate . The court considers all relevant factors, including good or bad faith of the parties, the prospective advantage of the move, the likelihood of compliance with parenting time orders, whether the move allows realistic parenting time with each parent, effects on the child's emotional, physical and developmental needs, the parents' motives, and the potential effect on the child's stability .

Additional points:

- The forty-five-day notice requirement does not apply if a court order or written agreement dated within one year of the proposed relocation already addresses the move .
- In urgent circumstances (health, safety, employment, or eviction), a parent with sole legal decision-making or joint legal decision-making with primary residence may temporarily relocate before the forty-five days run; a parent sharing joint legal decision-making with substantially equal parenting time may do so only with a written agreement from the other parent .
- After a relocation, all parties must continue to comply with existing court orders unless the court orders otherwise .
- A parent who fails to give the required notice without good cause may be sanctioned by the court .

For advice about a specific relocation situation, consult a licensed Arizona family law attorney.