Divorce brings many changes to families. In some cases, these changes include a location change for one spouse. Moving to a different state after a divorce is not uncommon. Some spouses return to their home state and others leave to seek a fresh start. No matter the reason for the move, when divorcing spouses share children, one parent’s relocation to a new state has implications on their child custody order, particularly when they have primary custody and wish to relocate with their child. The laws of interstate child custody allow the state with jurisdiction over the child to make important custody determinations for divorcing spouses and unmarried parents.
Interstate child custody orders are complex, with questions about jurisdiction, parenting schedules, and many other aspects of family law.
Understanding Arizona’s Interstate Child Custody Laws
Like most states, Arizona’s child custody laws work under the Uniform Child Custody and Jurisdiction Act. (UCCJEA). This act puts a structure in place to determine which state has jurisdiction over children when divorced or unmarried parents live in different states. The act uses a uniform procedure to decide which state has the authority to issue the initial orders for child custody, child custody enforcement measures, and modifications of existing orders.
The interstate child custody laws under UCCJEA help determine court authority in situations such as the following:
- When one parent relocates to another state during the divorce process or immediately before one parent files for divorce and the children remain with the parent who stayed in Arizona or move with the relocating parent to a new state
- Both parents relocate out of Arizona to two separate locations either before filing a divorce petition or after the Arizona divorce process has begun
- A parent relocates to Arizona from another state bringing children with them, whether or not they’ve begun the divorce process in the other state
- A grandparent or other relative has raised the child while the parent lived out of state, but the parent now seeks child custody
Under Ariz. Rev. Stat. § 25-1001 et seq. the law states that Arizona has jurisdiction over child custody under the following circumstances:
“This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.”
In addition, Arizona has jurisdiction when a child and one or both parents have a significant connection with Arizona other than residency or when the majority of evidence of the child’s welfare is in the state. In some cases, Arizona may also practice emergency jurisdiction over an abandoned child or a child under immediate threat from a parent or relative.
The statute also cites that Arizona has continuing jurisdiction over the child under any or all of the above conditions.
What Happens When a Parent Wishes to Relocate With a Child?
If a parent with custody of a child wishes to leave Arizona or move within the state but more than 100 miles away from the other parent, they must provide the other parent with at least 60 days’ notice through certified mail. The other parent then has 30 days to file a petition to seek Arizona court intervention to prevent the move. In these cases, the relocating parent must demonstrate to the court why the move is in the child’s best interest, while the parent who remains in Arizona must show the court why preventing the child from relocating is what’s in the child’s best interest. When Arizona courts have jurisdiction over the children, the court makes the final decision about the relocation by upholding the standard of making decisions in the best interests of children as described under Arizona section 25-403. These standards include considering any history of abuse or neglect, the closeness of each parent’s relationship and daily interactions with the child, the child’s attachment to extended family members and their community, and each parent’s willingness to encourage and facilitate a continuing close relationship between their child and the other parent.
A judge typically also considers the following factors when a parent wishes to relocate with a child:
- The parent’s intentions for the move, and whether or not it’s in good faith or to undermine the other parent
- Whether or not the move would improve the child and parent’s quality of life
- Whether or not the parent is willing and likely to abide by the parenting time schedule in their custody orders
- Whether or not the relocation realistically allows both parents to share parenting time
- The impact of the move on the child’s physical, emotional, and developmental needs and the impact on the child’s stability
The parent who wishes to relocate may also petition the court for a hearing before relocating with the child.
Support When a Parent or Former Spouse Is Out of State
Under the Interstate Family Support Act (UIFSA), Arizona courts work with courts in other states to enforce child support orders. A paying parent who moves out of state must still pay child support under an Arizona family court’s orders. If both parents relocate to the same state after an Arizona divorce, they may request the Arizona court to turn jurisdiction in their case over to the court in their new state.
How Can a Family Law Attorney Help?
Interstate child custody in Arizona courts is a complex matter with room for interpretation. A judge’s decision can profoundly impact parenting time for one or both parents and affect a child’s physical and emotional well-being. A family law attorney puts their experience and in-depth knowledge of Arizona’s family courts and matters of jurisdiction and interstate child custody behind your case.
If you or your child’s other parent wishes to relocate, you have rights. Call a Peoria child custody lawyer at Stewart Law Group today so we can navigate your case to ensure it’s under the correct jurisdiction and that you’re moving forward in the best way to achieve your desired child custody outcome and the best interests of your child.