Relocation of one parent to a distance of greater than 100 miles requires the permission of the Court if the relocating parent desires to move with the child(ren). A party seeking to relocate with the minor child(ren) must give notice to the other parent by certified mail, return receipt requested, at least 60 days prior to relocating. If the relocating parent is moving without the child, a new parenting plan and child support order should be requested to account for the logistical issues that occur with relocation.
The Court will look at several factors in determining if the relocation is in the child’s best interest. They are set forth in A.R.S. §25-403 and 408. In most part the Court will focus on the prospective advantage of the move for both the child and the relocating parent; whether the move allows for adequate parenting time for the both parents; how the move will affect the child; the reasons for the relocation; the wishes of the child (if old enough); the child(ren)’s relationship with each of the parents; which parent has historically provided primary care for the child(ren).
Any parent contemplating a relocation or that has been given notice of the other parent’s request to relocate, should consult with an experienced family law attorney before doing so.
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