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The non-moving parent requested a hearing to prevent relocation. What can happen at the hearing?
The moving parent must demonstrate to the Court that the move is in the best interests of the children. The best interest factors are outlined in A.R.S. §25-403 and 408. Courts tend to attribute greater weight to certain factors such as the potential benefits of the move for the relocating children and parent; the reasons for the relocation; whether the move permits for sufficient parenting time for both parents; how the move will affect the child; the child’s relationship with each of the parents; which parent has historically provided primary care for the child(ren).
I just received notice of the other parent’s request to relocate with my children. What can I do?
If the other party plans to relocate with the children, and you oppose the move, you can file a motion to prevent the relocation. You must do so within 30 days of receipt of the written notice. Typically, Courts are more likely to preclude a party from relocating with the children if the move has not occurred yet. Courts tend to be more hesitant to order a party who has already moved to return if the motion to prevent relocation was not filed on time.
I sent written notice to the other parent via certified mail. What happens next?
The non-moving parent may request a hearing to prevent relocation of the child, but must do so within 30 days after notice is made. After 30 days, any petition or other application to prevent relocation of the child may be granted only on a showing of good cause.
I have a job offer in another state. I need to notify the other parent. What do I do?
The written notice must be sent by certified mail, return receipt requested. A parent who does not comply with the notification requirements is subject to court sanction.
I’m buying a house 10 miles down the road. Does the Arizona Relocation Statute apply to my move?
If both parents are entitled to custody or parenting time and both parents reside in Arizona, at least 60 days’ advance written notice must be provided to the other parent before a parent may relocate the child outside Arizona, or relocate the child more than 100 miles within Arizona.
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