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What is relocation?
In a family law context, relocation is when one parent desires to move more than 100 miles within the state of Arizona, or anywhere outside of the state of Arizona, with their child. What are Arizona Relocation Laws? Below is some additional information on Relocation laws in the state of Arizona.
What are the rules of relocation in AZ?
If the parents have joint legal decision-making, or if both parents have unsupervised parenting time, the relocating parent must provide the other parent with at least 60 days prior written notice. The notice must be provided to the other parent by certified mail, return receipt requested, or that parent must have the other parent served with a process server. Only under certain limited circumstances will the moving parent be able relocate prior to the court making a decision.
What are your rights if your child’s other parent tries to relocate?
If you receive proper notice that the other parent is attempting to relocate, then you must, within 30 days, file a petition to prevent relocation with the court. It is very important that you file your petition within 30 days, or you may very well give up your right to contest the relocation.
What are the factors a court considers with relocation?
When determining whether a parent can relocate with a child, the court is required by law to consider the 11 best interest factors set forth in the ARS section 25-403. The court also must consider the 7 factors set forth in the Relocation Statute, which is ARS section 25-408. These factors consider a variety of different issues, which range from: considering the wishes of the children (assuming they are of suitable age and maturity), the emotional stability of the parents, and fitness issues.
How can an Arizona family law attorney help with your relocation case?
The analysis the court uses to determine the appropriateness of a relocation request is very complicated. There is also a lot at stake, as most relocations have a very significant impact on the parties’ existing parenting plans. Therefore, it is extremely important that you find a competent and qualified Family Law attorney to assist you in either requesting a relocation, or in defending against one.
By being well informed about the rules of relocation in Arizona, you, with the help of your legal representative, will be better equipped to deal with your relocation case.
To further discuss relocation or any other family matter, Kaine Fisher can be reached at kfisher@roselawgroup.com or 480-240-5649
