When a custodial parent is under a court order and is planning to relocate with the child, he or she is required to first obtain the court’s permission. The law provides a specific distance that the parent can relocate to and what they need to do before moving out of state with the child. In this article, we briefly explain how far a parent can move with joint custody in Arizona and what you need to know legally.
What Should a Custodial Parent Do Before Relocating?
If you are a custodial parent under a court order planning to move out of state with the child, you must first obtain the court’s permission. The law requires you to provide the other parent with a notice in writing that is sent via certified letter at least 45 days before moving. Failure to notify the court of your planned move can result in serious legal ramifications.
The family court judge is guided by the best interests of the child in all Arizona custody matters. When the primary residential parents decide to move away from the state, the remaining parent is entitled to a 45-days’ notice before the child can be relocated out of state. If the remaining parent objects the move, then the court will review the effect that the relocation could have on the child. However, they are required to provide a timely response: they have 30 days to file a petition preventing the relocation.
How Far Can a Parent Move with Joint Custody in Arizona?
Custodial parents are required to notify the court of any proposed move out of Arizona or over 100 miles within the state. Further, the parent cannot simply decide unilaterally to move away without giving a legal notice. Under the custody laws, the child remains under the jurisdiction of the Arizona courts until emancipation (or above the age of 18 years).
How Arizona Child Relocation Laws Apply
Under the Arizona child relocation laws, the controlling Arizona statutes apply when both parents are entitled to custody, parenting time, or reside in the state by agreement or court order. In the case of relocation, the judge will examine the proposed move and the impact it will have on the child. Some of the factors the judge looks at include:
- The circumstances or reasons behind the custodial parent relocating
- The impact of the move on the noncustodial parent’s visitation
- Whether the move was motivated by a desire to gain an advantage over child support or in bad faith
- Whether the move is motivated by a desire to keep the child away from the noncustodial parent
- The effect of the move on the physical and mental well-being of the child
How to Address the Relocation with the Noncustodial Parent
Moving out of state will undoubtedly affect the noncustodial parent’s right to access the child. The parents can work together toward a modified parent time agreement that meets the primary objective of each while protecting their relationship with the child. Usually, longer but less frequent visits become the obvious solution.
Following the move, the parents must make a few adjustments to child support, travel, and lodging costs. This also includes the extra expenses that the noncustodial parent will incur due to the increased distance from the child. If the parents do not have an agreement in place, the court will decide the terms. Usually, an Arizona judge will use the Arizona child custody laws when moving out of state to give an order that includes modifications to parenting time to ensure the rights of both parties are protected, with the child’s best interest being given the utmost priority.
Can I move out of Arizona without asking the court if I have sole custody?
No, you cannot move out of state without asking the court, even if you have sole custody. Legal decision-making in Arizona is separate from physical custody. Thus, the parent is required to first notify the other parent of their intent to relocate, allowing the noncustodial parent to respond by either accepting or filing an objection with the court.
Can the noncustodial parent move out of state without notice?
Yes, a noncustodial parent can move out of Arizona without notice. The legal requirement to provide written notice before relocating applies to moving with children. The noncustodial parent can move without notice since they will not be moving with the child. However, if you still want to visit the child, you must tell the other parent that you have moved and where you have moved to.
Get in Touch with a Custody Attorney
A custodial parent in Arizona who wishes to move with their child out of state or more than 100 miles away within the state is required to provide a written notice to the other parent. If you are planning to relocate with your child or stop a relocation, talk to our lawyers at Schill Law Group. We will help understand the provisions of the law and navigate such processes.
