If are divorced, getting a divorce or share legal custody with another person, you need to understand that one parent cannot move the children out of Arizona or more than 100 miles away from the other legal parent without legally notifying the other parent. The parenting relocating must notify the other parent at least 45-days prior to the move in advance via certified mail.
If a parent wants to prevent the move, they must file a petition to prevent relocation with the court within 30-days of receiving the notice to relocate.
Whether you are the parent who desires to relocate with the children, or if you are the parent who wants to prevent the children from moving out-of-state, it is important to consult with an experienced family law attorney to determine your obligations, rights and options.
Any parent considering relocation or who has received notice of the other parent’s intent to relocate should contact an experienced family law attorney. At Best Law Firm, we represent parents dealing with relocation matters and related family law issues. If you have questions about your rights as a parent, contact our office to speak with one of our experienced attorneys.
Relocation is when one parent wants to move out of the state of Arizona or more than one-hundred (100) miles farther away from where they are currently living in Arizona with the children. Such a move could potentially affect that parent’s ability to have reasonable parenting time with his or her children. Relocation could also affect legal decision-making and child support issues for the moving parent.
Arizona law presumes that both parents of a child should have reasonable parenting time with that child unless a parent is deemed unfit to have parenting time, e.g. drug/alcohol abuse, domestic violence, etc., Arizona law states that parents are entitled to reasonable parenting time with their children, that is, parenting time that involves frequent and continuing contact with the child(ren).
A. If by written agreement or court order both parents are entitled to joint legal decision-making or parenting time and both parents reside in the state, at least forty-five days’ advance written notice shall be provided to the other parent before a parent may do either of the following:
1. Relocate the child outside the state.
2. Relocate the child more than one hundred miles within the state.
The Arizona Relocation Statute only applies if a parent wishes to move either 1) outside the state of Arizona or 2) more than 100 miles within the state of Arizona. If both parents are entitled to legal decision-making and parenting time and both parents reside in Arizona, at least 45 days advance written notice must be provided to the other parent before a parent may make such a long distance relocation.
If the non-moving parent has legal decision-making and parenting time rights, you must send that parent a written notice at least 45 days prior to your moving date. 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.
If a notice to relocate has been received, a motion to prevent the relocation must be filed within 30 days of receiving the notification.
We provide specific legal advice on your matter so you can move forward, lessen anxiety and have peace of mind.
If both parents are entitled to custody or parenting time and both parents reside in Arizona, at least 45 days advance written notice must be provided to the other parent before a parent may relocate the child outside Arizona, or to relocate the child more than 100 miles within Arizona.
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.
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.
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).
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.
Schedule your consultation and meet with our team to create a customized game plan and move forward confidently.
Trials & Settlements
Years In Business
Years of Combined Experience
Our experienced team at Best Law Firm has helped thousands of clients. See what some of them have to say about working with us.
“Ms. Best resolved my spousal maintenance issue with my husband and his attorney in two hours. She accomplished what the lawyers could not do in 9 months of litigation. I am very grateful for her help.”
“We hired this law firm to represent our son in trying to get joint custody. They did a fabulous job keeping us informed as to their plan each week. I have to say I do not think my son would be enjoying his daughter right now with his 50/50 custody if it was not for this law firm.”
“You are the Best, before I retained counsel, I was not able to see my children and did not know what rights a father had in Arizona. I now have joint legal and physical custody. Thank you for all that you have done for my family.”
“Thank You! Thank you! Thank You! Thank you for getting my son what he deserves! Thank you for finally ending this 9 year chaos…I slept like a little baby last night! You are all GREAT!”
I’ve used Best Law Firm twice now. Excellent communication skills, rapid responses, and they know EXACTLY what they are doing. They look out for you.like one of their own and do everything they can to keep your case cost effective. Highly recommend!
“The service provided at ‘Best’ was beyond exceptional. The staff at ‘Best’ were professional, going above and beyond their normal duties to help me. I would sincerely recommend ‘Best’ for anyone looking for help with their families legal matters.”
“I have worked with Best Law Firm on two issues in the past 12 months. Their service is exceptional and the quality of their attorneys is second to none! So, their name (Best) is truly appropriate! I would recommend their legal services to anyone!”
Thank you for the excellence in your craft and communication each and every step of the way, for the care, for helping me to be brave and strong in holding someone accountable for their wrongdoings, for helping my sons and me to receive the best possible scenario out of the worst situation of my life.
“Alan was very professional and quick, he had our paperwork done the same day. When I called him to follow up I was able to speak with him then. Highly recommend Alan, he’s very easy to talk to, he’s very knowledgeable, and he means business.”
We can conduct your consultation by phone, zoom or in person. Call us today at (480) 219-2433 or fill out the form below.