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Relocation

September 20, 2022 Cindy Best

Relocation is one of the most complex and consequential issues in Arizona family law. Under A.R.S. § 25-408, a parent who has parenting time rights and who plans to relocate with the child outside Arizona or more than 100 miles within Arizona must provide written notice to the other parent at least 45 days before the proposed move.

The notice must be sent by certified mail return receipt requested. The other parent then has 30 days to file a petition objecting to the relocation. If no objection is filed the relocating parent may proceed. If an objection is filed the court decides whether relocation is in the child's best interests.

The relocation analysis looks at the reason for the move, the impact on the child's relationship with the non-relocating parent, the child's ties to the current community, the quality of life improvements the relocation may offer, the feasibility of a modified parenting plan if relocation is allowed, and all other best interests factors.

Relocation cases are among the most emotionally difficult and legally complex in family law. Both the relocating parent and the parent left behind face significant life changes depending on the outcome. Early consultation with an attorney is essential. The 45-day notice and 30-day objection window are both strict and missing them can have serious procedural consequences.

Every parenting plan should include specific relocation provisions addressing what notice is required, how the parties will communicate about proposed moves, and what happens to the parenting schedule if relocation is approved or denied.

 

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