Relocation

Relocation after a divorce can be a complex issue, especially when children are involved. Whether it’s for a new job, family support, or a fresh start, moving to a new location can have significant legal and emotional implications. In Arizona, specific laws govern relocation to ensure that the best interests of the child and the rights of both parents are protected. 

Relocation laws come into play when:

• One parent wants to move more than 100 miles from their current residence.
• The relocation will significantly affect the other parent’s ability to exercise parenting time.

Under Arizona law, the parent seeking to relocate must:

1. Provide written notice to the other parent at least 45 days before the intended move.
2. Include details about the relocation, such as the new address, reasons for the move, and proposed changes to the parenting plan.

The non-relocating parent has the right to object to the move by filing a petition with the court. If the relocating parent’s plans are contested, the court will hold a hearing to determine whether the move is in the child’s best interests. Factors considered include the impact of the relocation on the child’s stability, education, and emotional well-being, the motives of each parent, the the ability to maintain a meaningful relationship with the non-relocating parent through visitation or virtual contact, whether the move will improve the child’s and relocating parent’s quality of life, and the degree to which relocation disrupts established custody and parenting time arrangements.

Relocation after a divorce is never easy, particularly when children are involved. By understanding Arizona’s relocation laws and seeking professional guidance from South & Wright, PLLC, parents can ensure that their actions align with legal requirements and prioritize the best interests of their children.