When Does the Child Relocation Statute Not Apply in Arizona?
When one parent wishes to relocate a child or children more than 100 miles within Arizona or outside of the state, Arizona Revised Statute 25-408 may be triggered. Whether or not this statute is activated has to two with two issues:
- Whether both parents currently live in Arizona and
- Whether there is an existing written agreement or court order about custody/ legal decision making or parenting time related to the minor child(ren) of the parties
If the Court must address Relocation, the Court has to consider the best interests factors found at A.R.S. § 25-403 as well as the Relocation-specific factors found at A.R.S. § 25-408(I). These factors include:
- The likelihood that the parent with whom the child will primarily reside will comply with parenting time court orders
- Whether the relocation is made in good faith or in an effort to frustrate or interfere with the other parent’s time
- Whether the relocation gives both parents realistic opportunities for time with the children
- How the move will impact the physical, emotional, and development needs of the child
- How the move could impact the child’s overall stability
A recent Arizona Court of Appeals case holds that these statutory relocation factors only need to be considered when both parents live in Arizona and where there is a written agreement or court order related to parenting time.
Situations involving parents without a written agreement or parents who live in different states can get complicated quickly. Where minor children are concerned, it’s wise to hire an experienced Arizona family lawyer if you suspect that there will be issues providing all relevant parties with reasonable visitation time.
Since child custody is frequently one of the most important aspects of a family law case, you should take any concerns immediately to your family lawyer. Finding an attorney who is committed to understanding your rights to have time with your child is imperative, particularly if you suspect that the other parent may try to relocate the child. It’s never easy to find yourself in a situation like this, but you can make the process easier by hiring an experienced attorney you can trust.
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 When Does the Child Relocation Statute Not Apply in Arizona?, or other family law issues, please feel free to contact Barry C. Dickerson 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.