If the custodial parent is under a court’s order and plans to move out-of-state with the child, then that parent must first obtain the court’s permission. Furthermore, failure to notify the court of a proposed move, either out of Arizona, or over 100 miles within the state, could have serious legal ramifications. A parent under a custody order cannot simply decide unilaterally to move away — the child remains under the continuing jurisdiction of the Arizona courts until age 18 (or emancipated).
As in all Arizona custody matters, the family court judge is guided by what is in the best interests of the child. When the primary residential parent decides to move away, the remaining parent is entitled to 45 days’ notice before the child may be relocated out-of-state or over 100 miles in-state. If the remaining parent objects to the child moving away, then the effect the relocation could have on the child must be reviewed by the court.
A.R.S. § 25-408 – Arizona Child Relocation Laws
As far as Arizona child relocation laws are concerned, the controlling Arizona statute is A.R.S. § 25-408 and applies whenever “by written agreement or court order both parents are entitled to custody or parenting time and both parents reside in the state…” In such a relocation case, the judge examines the impact the proposed move will have on the child in light of the following:
- The reason or circumstances that led the custodial parent to choose relocation.
- The impact the move will have on the noncustodial parent’s visitation.
- Whether the move is motivated by a desire to keep the child away from the noncustodial parent.
- Whether the move was motivated by bad faith or a desire to gain an advantage over child support.
- The effect such a move will have on the mental and physical well-being of the child.
Clearly, the noncustodial parent’s right to access is directly impacted by a move-away. The parents can work together toward a modified parenting time agreement that would meet the primary objectives of both while protecting each parent’s relationship with the child. Longer, but less frequent visits will usually provide the solution. Adjustments might be needed to child support, travel and lodging costs, and other expenses resulting from the noncustodial parent’s increased distance from the child. In the absence of an agreement, the court will decide the terms. An Arizona judge’s resulting order includes modifications to parenting time in a way that protects both parties, with the child’s best interests foremost in mind.
Arizona Notice of Intent to Relocate
Under Arizona Revised Statutes § 25-408, a parent intending to relocate with a child, either out of Arizona or more than 100 miles within the state, must provide the other parent with a notice in writing, sent via certified letter, at least 45 days before the move. If the non-moving parent objects to the notice of intent to relocate, a timely response is required. They have 30 days to file a petition to prevent the relocation. Failure to comply with AZ notification requirements has binding consequences, including possible modifications to legal decision-making or parenting time.
Child Relocation After Divorce in Arizona: Case Study
The Situation
After moving from Michigan to Arizona in his early 30s to purchase a business and be closer to family, a father hoped he was building a better future for his wife and daughter. However, the transition proved difficult for his spouse, who struggled living far from her own family and support system.
Over time, the strain on the marriage intensified. The couple spent nearly three years attempting to repair the relationship through counseling, investing substantial time, money, and effort trying to make the marriage work. Despite those efforts, the father ultimately realized the relationship was no longer healthy and decided divorce was the best path forward.
One of his biggest concerns was creating a more stable and loving environment for his daughter.
The Challenge
Approximately four months after the separation, the father received an unexpected email from his wife’s attorney stating that she intended to move back to Michigan with their daughter.
There had been no prior warning.
The father suddenly found himself facing a serious interstate custody dispute involving child relocation after divorce in Arizona. Like many parents dealing with child custody when one parent moves out of state, he feared losing meaningful time and involvement in his daughter’s life.
By the time he appeared in court, he believed the case was already heavily stacked against him and feared the outcome could permanently change his relationship with his child.
Legal Issues Involved
This case centered around several critical family law concerns, including:
- Child relocation after divorce in Arizona
- Child custody when one parent moves out of state
- Parenting time and custody rights
- Interstate relocation disputes involving minor children
- Protecting the parent-child relationship during divorce proceedings
The Legal Response
At the initial court hearing, attorney Scott immediately stepped in to stabilize the situation and request time to properly take over the case.
According to the father, the case already felt as though it was “in the ninth inning with two outs.” However, Scott was able to quickly gain control of the proceedings and begin building a strategy to address the relocation issue.
Over the following four to six months, the case continued through additional hearings and court proceedings. Throughout that process, the father credits Scott with not only handling the legal side of the case, but also helping him remain calm and focused during an emotionally overwhelming time.
The father described the experience as deeply traumatic, explaining that the stress affected nearly every aspect of his daily life.
The Outcome
After months of litigation and court proceedings, the father successfully secured a 50/50 parenting time arrangement with his daughter.
Rather than losing regular access to his child through an out-of-state relocation, he was able to preserve an active and meaningful role in her life.
Today, he says he remains grateful for both the legal outcome and the support he received throughout the process.
Key Takeaway
Relocation disputes can quickly become one of the most emotionally difficult aspects of divorce and custody litigation. Cases involving child custody when one parent moves out of state often move fast and carry life-changing consequences for both parents and children.
This case demonstrates the importance of acting quickly, understanding Arizona relocation laws, and having experienced legal representation when a proposed move threatens an existing parent-child relationship.
FAQs for Moving Out of State or Relocating When You Have an Arizona Custody Agreement:
Q: Can I move out of Arizona without asking the court if I have sole custody?
A: No. Legal decision-making is separate from parenting time. To leave Arizona, it is necessary for the parent to first notify the other parent of their intent to relocate. The noncustodial parent can respond by filing an objection with the court, if they choose to do so.
Q: What are the custodial parent’s rights when moving out of Arizona?
A: You must notify the other parent of your intent to relocate, you’ll need to give them advance written notice 45 days before the planned date of the move. Within this notice period, the noncustodial parent has 30 days to file an objection with the court.
Q: What are the noncustodial parent’s rights when a custodial parent wants to move out of AZ?
A: Once the custodial parent notifies you of their intent to move, you can then object through the courts, and a custody case is initiated in court. The court will then make a determination on allowing the child to move. As with other custody cases, the judge will take into consideration what is best for the child in these cases. It may not be what the child vocalizes as their “choice,” but what the magistrate or judge can determine from all known facts and factors.
Q: Can the noncustodial parent move out of state without notice?
A: Yes, a non-custodial parent generally has the right to move out of state. The legal requirement to provide written notice prior to relocating applies to moving with children. Since a non-custodial parent would not be moving with the child, notice is not required. However, assuming noncustodial parent wants their children to visit, they will obviously need to tell the other parent that they’ve moved and where they moved to. The move could render the existing custody order infeasible, which would impact the custody agreement and visitation schedule.
Q: Can a parent contest relocation of a child when they do not live in Arizona?
A: Yes, a parent not living in Arizona can contest the other Arizona-based parent’s relocation of their child. Just as when both parents live in Arizona, the custodial parent must provide written notice within 45 days of the proposed move and the noncustodial parent has 30 days to respond.
What Our Clients Have to Say:
“Colin Bell was amazing in the way he handled my case. Colin was always available when I had questions and made sure I was made aware of what to expect and the process moving forward. This put me at ease throughout the duration of my case. Response to emails by end of the day or next day, excellent communication, never rushed, goes above and beyond of what you would expect and very professional. What more can you ask for?”
Kimberly Johnson