Relocation and Child Custody: Guidelines in Arizona Divorce

When parents go through a divorce, one of the biggest challenges can be deciding what happens with their children. Both parents may want to be involved in the children’s lives as much as possible, even after the separation. But when one parent wants to relocate, or move to a new place, it can complicate things. Relocating can affect the custody agreement, visitation schedule, and the overall connection between the children and the parent who is left behind. Arizona has certain rules in place to guide families through these situations, aiming to make decisions that are in the best interests of the children. Understanding the guidelines for relocation in Arizona can help both parents make informed choices that benefit their children and prevent conflicts as much as possible. At, Smith & Green, Attorneys At Law, P.L.L.C. , we are here to guide you through the legal process and help you navigate the complexities of your case.

Quacy L. Smith

Founding Partner

James M. Green

Founding Partner

What is Relocation in Terms of Custody?

In Arizona, relocation means a significant move, usually more than 100 miles away or out of state, that would impact the child’s relationship with the other parent. A small move within the same area may not be considered a “relocation” under Arizona law, as it is less likely to affect custody and visitation plans. However, if a parent decides to move far enough away that it disrupts the existing parenting schedule or affects the time a child spends with each parent, it falls under relocation rules. In this situation, Arizona courts require certain steps to be taken before the move can happen. These steps are designed to make sure the move will not harm the child’s relationship with the other parent and that it will be in the child’s best interest.

Legal Requirements for Relocation in Arizona

When a parent wants to relocate with a child, Arizona law requires that parent to give advance notice to the other parent. The law states that the parent planning to move must provide a written notice at least 45 days before the relocation. This notice should clearly state the intention to relocate and explain where the parent and child plan to move. The 45-day period allows the other parent time to object if they feel the move will negatively impact their relationship with the child. If there is an objection, the case may go to court, where a judge will decide whether the move is allowed. Arizona courts prioritize the well-being of the child, so the judge will consider how the relocation will affect the child’s emotional and physical health, as well as their educational and social stability.

Factors Courts Consider in Relocation Cases

When a parent objects to the relocation, the court steps in to make the final decision. In Arizona, the judge will look at a range of factors to decide what is in the child’s best interest. Some of these factors include the reasons why the parent wants to relocate, as well as the reasons the other parent objects. The judge will also consider the potential impact of the move on the child’s relationship with both parents. If the move would reduce the amount of time the child can spend with one parent, the court may need to weigh whether the benefits of the move outweigh this loss. The court also examines how the move might improve the quality of life for both the child and the relocating parent. For example, if the move would provide better educational opportunities, a more stable living environment, or closer connections to extended family, these factors can support the move. However, if the relocation seems to be an attempt to distance the child from the other parent, the court may be less likely to approve it.

Best Interest of the Child

The main goal in any relocation case in Arizona is to determine what is in the best interest of the child. Arizona law emphasizes that both parents should have meaningful contact with their child, as long as it is safe and healthy for the child to do so. In relocation cases, this means the court has to decide if moving will still allow the child to have a strong relationship with both parents. The judge may look at the history of each parent’s involvement in the child’s life, as well as the quality of the relationship between each parent and the child. If one parent has been very active in the child’s life, helping with school, medical appointments, and extracurricular activities, the court may be less likely to approve a relocation that would disrupt this involvement. On the other hand, if the relocating parent can show that the move will lead to positive changes for the child, such as a better school or safer community, this can also influence the court’s decision.

Parenting Time and Long-Distance Visitation Schedules

If the court allows the relocation, it often requires adjustments to the custody and visitation schedule. Arizona courts understand that long-distance visitation can be challenging, so they aim to create a schedule that gives the child quality time with both parents. This might mean the child spends longer periods with the non-custodial parent during school breaks or holidays. Courts may also encourage video calls, phone calls, and other forms of digital communication to keep the child connected with the non-relocating parent. Adjustments in the visitation schedule are made to make sure the child still feels a close connection to both parents, even if one parent lives far away. In some cases, the court may require the relocating parent to pay for travel expenses related to visitation. This could include airfare, hotel stays, or other costs associated with getting the child to the non-relocating parent’s location. The idea is to share the responsibility of keeping the parent-child relationship strong, despite the physical distance.

Impact of Relocation on Child Custody Modifications

Relocation can lead to modifications in custody arrangements. In Arizona, if a parent wants to relocate and the other parent objects, the court may reconsider the existing custody order. This could result in a change to the primary custody arrangement, especially if the court believes the move will affect the child’s relationship with the non-relocating parent. In some cases, the court might shift primary custody to the parent who is not relocating, particularly if this arrangement better supports the child’s need for stability. If a parent relocates without following Arizona’s legal requirements or obtaining court approval, it can have serious consequences. The court may decide to modify custody in favor of the non-relocating parent. This is because Arizona law views unauthorized relocation as disruptive to the child’s stability and security. By following the guidelines and obtaining approval, parents can avoid these issues and ensure they are acting in compliance with Arizona law.

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Emergency Situations and Temporary Relocation

Sometimes, a parent may need to relocate due to an emergency, such as a sudden job transfer, family illness, or other unexpected circumstances. In these situations, the parent can request a temporary relocation order from the court. This order allows the parent to move temporarily with the child while the court reviews the case. During this time, the court may set temporary custody and visitation arrangements to keep the child connected with both parents. A temporary relocation order is not a guarantee that the permanent relocation will be approved. The court will still evaluate all the usual factors to decide if a long-term move is in the child’s best interest. However, a temporary order can be a helpful solution for families who are dealing with sudden changes and need an immediate plan.

Alternatives to Relocation Disputes

Relocation cases can be emotionally challenging for everyone involved, especially the children. If both parents are open to working together, there are ways to reach agreements without a court battle. Mediation is one option, where a neutral third party helps the parents communicate and find solutions that meet both of their needs. In some cases, parents can agree on a modified visitation schedule that allows the child to have meaningful time with both parents, even if one parent moves. By discussing their options outside of court, parents can often reach a resolution that feels fair and minimizes stress for the child. Arizona encourages parents to try these alternative solutions whenever possible, as they tend to be faster, less costly, and less stressful than going to court. When parents can agree on a relocation plan that prioritizes the child’s well-being, it can set a positive example for how to handle future parenting decisions.

Relocation and child custody cases can be complex, and it’s important for parents to fully understand their rights and responsibilities under Arizona law. Every decision made in these cases has a lasting impact on the child’s life, so having the right support is essential. Smith & Green, Attorneys At Law, P.L.L.C. understands the sensitive nature of relocation cases and is committed to guiding parents through the legal process with care and respect. If you are facing a potential relocation situation and need guidance on the best steps to take, reach out to Smith & Green, Attorneys At Law, P.L.L.C. for assistance. Their team is prepared to answer your questions, help you understand your options, and work to achieve a solution that supports your family’s needs while prioritizing the well-being of your children.