Here is what Arizona parents should know about relocation. If both parents are entitled to parenting time or joint legal decision making, pursuant to a Court order or a written agreement, and both parents live in the state of Arizona, either one must give the other parent a minimum of 45 days of notice if he or she wishes to relocate the child more than 100 miles away from his or her current home or to another state. This notice must be sent in writing by certified mail return receipt requested is recommended.
What Happens Once the Other Parent Receives Notice
The parent who then receives this notice has an opportunity to file a Petition to Prevent Relocation. This should be done within 30 days of receiving notice. Otherwise, if filed late, the Petition may only be granted upon a “showing of good cause.” In certain situations, a parent could temporarily relocate a child while the court is still determining the parent’s petition to prevent the relocation.
Should I Move without Notifying the Court or the Other Parent?
Simply put, it’s not a good idea to relocate any children until you have had a chance to talk it through with your Arizona family lawyer. If you violate existing orders regarding visitation, the other parent could convince the judge that you should be held in contempt of court and/or that the Child should be returned to Arizona or the other parent’s primary care.
Do I Need Legal Advice?
If you are unsure about whether or not you are eligible to move while a court case is still pending, you need to consult with a knowledgeable Arizona family lawyer first. If a child is relocated under an existing court order that contemplated the relocation and is less than a year old, then all involved parties need to follow the current court order regardless of the notice required or the distance moved.
Remember that relocation can be an emotionally charged issue for all involved parties and this is why it is strongly recommended that everyone retain an Arizona family lawyer to represent his or her interests. Child relocation can be accomplished but the party considering relocation should carefully evaluate the existing court orders and comply with all notice requirements. Following all the rules will help to minimize any future problems and give you a clear understanding of what to expect in a relocation 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 regarding Here Is What Arizona Parents Should Know About Relocation, or any other family law issue, please feel free to contact Steven H. Everts at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.