Arizona Child Relocation Cases

Child relocation disputes are among the most sensitive and complex issues in Arizona child custody matters. When a parent wishes to move out of state or relocate more than 100 miles from their current home, the Arizona family court must carefully weigh the rights of both parents and, most importantly, the best interests of the child.

Whether you are a custodial parent seeking to relocate with the child or a non-custodial parent contesting the move, having the right legal representation is crucial. At De Novo Law, we specialize in child custody cases, offering accessible and expert legal services through Arizona’s first Licensed Legal Paraprofessional (LP), Stephanie Villalobos.

Table of Contents

• What Factors Do Arizona Courts Consider in Relocation Cases?
• The Role of a Written Notice in Relocation Cases
• Filing an Objection to Relocation
• Modifying Parenting Plans After Relocation
• How De Novo Law Can Help With Child Relocation Cases
• Top 5 FAQs About Child Relocation in Arizona
•  Trust De Novo Law With Your Child Relocation Case

What Factors Do Arizona Courts Consider in Relocation Cases?

When a parent must relocate with the child, Arizona family law courts assess several factors to determine if the move is necessary and in the best interests of the child. Under ARS § 25-408, these considerations include:

• The child’s relationship with each parent: Courts examine whether the non-custodial parent and custodial parent maintain a strong bond with the child and how the relocation could affect those relationships.
• The reason for relocation: Whether the move out of state or within Arizona is for employment, education, or family support, the court evaluates the motivations behind the relocation.
• The impact on the child’s stability: Consistency in school, community, and family relationships is a critical factor in any custody case.
• Parenting time and visitation: Courts consider how the custody and visitation schedule will be adjusted to accommodate the distance.
• The child’s preference: For older children, their input may influence the court’s decision, though it is not the sole determining factor.

By addressing these factors with the help of a skilled legal professional, parents can present a strong case for or against the relocation.

The Role of a Written Notice in Relocation Cases

Arizona law requires that a parent must provide written notice to the other parent at least 45 days before relocating with the child to another state or more than 100 miles from their current residence.

This notice allows the other parent time to file an objection and ensures the move does not violate the existing custody agreement or child custody order.

The written notice must include:

• The intended moving date
• The new address, if known
• A detailed explanation of why the relocation could benefit the child

Failure to provide proper notice can result in legal penalties or the denial of the relocation request.

At De Novo Law, we can assist in preparing the necessary documentation to comply with Arizona’s strict requirements.

Filing an Objection to Relocation

If you are a non-custodial parent or share joint custody, you have the right to contest a relocation request. To do so, you must file a motion in family court within the 45-day notice period.

Grounds for contesting relocation include:

• Concerns that the relocation could harm the child’s emotional or educational stability.
• Disruption of the existing parenting time schedule.
• Evidence that the move is not in the child’s best interests.

During the court hearing, the judge will evaluate evidence from both parents, such as the current custody order, the proposed move’s impact on the child, and the feasibility of maintaining a strong parent-child bond despite the distance.

Modifying Parenting Plans After Relocation

If the court grants permission for the relocation, the existing custody agreement and parenting time schedule may require significant adjustments. 

Common modifications include:

• Extended visitation periods: Longer summer or holiday stays to offset the reduced frequency of visits.
• Virtual parenting time: Incorporating video calls and other digital communication to foster ongoing connections.
• Travel cost-sharing: Determining how transportation expenses will be split between parents.

Whether you are seeking to modify your physical custody arrangement or adjusting to a new custody and visitation schedule, De Novo Law can help streamline the process and ensure compliance with Arizona law.

How De Novo Law Can Help With Child Relocation Cases

Relocation cases often involve emotional and legal challenges that require expert guidance. At De Novo Law, our Licensed Legal Paraprofessional, Stephanie Villalobos, provides a cost-effective alternative to hiring a traditional family law attorney.

We handle:

• Drafting and filing child custody petitions and objections
• Representing clients in family court hearings
• Negotiating adjustments to custody agreements
• Ensuring compliance with Arizona relocation laws

By choosing De Novo Law, you gain access to skilled representation designed to protect your parental rights while prioritizing your child’s well-being.

Top 5 FAQs About Child Relocation in Arizona

1. Can I relocate without notifying the other parent?
   No, Arizona law requires written notice to the other parent at least 45 days before relocation if it affects parenting time.
2. What happens if the other parent doesn’t respond to my relocation notice?
   If no objection is filed within the 45-day period, the moving parent can proceed with relocation, subject to court approval if necessary.
3. Can the court deny my relocation request?
   Yes, if the court determines that the move is not in the child’s best interests or significantly impairs the other parent’s relationship with the child, the request may be denied.
4. What if my ex-partner relocates without permission?
   You can file an emergency motion to prevent the move or seek to enforce the existing parenting plan.
5. Does the child get a say in relocation decisions?
   If the child is mature enough, their preferences may be considered, but the final decision rests with the court.