Relocation

In Arizona, relocation is defined by A.R.S. § 25-408.  This statute controls whether a parent may relocate with their minor children more than one hundred miles away within Arizona or outside of the state.  The 100 mile provision is subject to interpretation and may require competent advice.  Thompson v. Thompson, 217 Ariz. 524 (App. 2008).

The courts consider relocation requests by examining a number of factors that affect the best interests of the child or children, including: the advantage of the move, the prospective quality of life, whether the relocation will allow the non-moving parent a realistic opportunity to exercise parenting time, the child’s relationship with family and friends in the home state or in the state where the parent is intending to move.  A.R.S. § 25-408(H).

In most cases, you are not permitted to relocate without first providing notice to the other parent.  The notice that is required is defined by statute.  We can assist you in preparing the appropriate notice that conforms to the law.

If you received certified mail from your ex-spouse, who is the primary residential parent, you must immediately contact us so that we can discuss your rights.  You need to act quickly as you have a limited time-period to file a petition, or your ex-spouse can relocate without your permission.  We can also discuss with you, on either side of the relocation case, whether utilizing a legal decision-making (custody) evaluator is appropriate given the facts of your case