Sometimes life requires us to move from where we are rooted and establish a new life in another city, state or even country. Whether you were recently divorced or divorced years ago, this often creates a problem when children are involved.
We frequently get asked if I have to move out of state, how can I take my children with me when the other parent remains in Arizona? While every case is different, relocation is a hard case to win when both parents are loving, nurturing, suitable parents and one disagrees with the move.
How can you relocate? When both parents are involved in the children’s lives, the parent intending to move must give a 60 day written notice to the other parent of the intent to move anywhere outside of the state of Arizona or within 100 miles from their current location. At such time, and within 30 days of receiving the notice, the opposing parent may petition the court to prevent relocation. If a parent opposes the move, the Court must go through a best interest analysis to determine what is right for the children. Most judges prefer to keep the child/children in their current location.
In Arizona, A.R.S. § 25-408, the relocation statute, is about to change. House Bill 2519 passed through both the House and the Senate and was recently signed by Governor Ducey. What substantive changes will take place?
- If one parent has ANY form of parenting time pursuant to a Court Order A.R.S. § 25-408 applies. The statute currently excludes parents with supervised parenting time.
- Written notice at least 45 days in advance instead of the current 60 days.
- The opposing parent shall petition the court within 21 days after the notice is made instead of the current 30 days.
This is just a general overview of relocation and the upcoming changes. If you are looking to move, or are opposing a parent’s relocation seek a qualified Family Law attorney to discuss your individual situation.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please feel free to our Family Law Section at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area.