Clients often have questions about relocating to a different state from Arizona. When can a divorced parent move or relocate to another state? Can a parent relocate with their children after a divorce?
Following divorces in relationships without children, either party is free to relocate.
If the relocation involves children, ARS 25-408 does permit relocation with children under certain circumstances. If a relocation with children is going to be more than 100 miles from a current Arizona residence or the relocation is out of state, written notice to the other parent must be made at least 45 days in advance of the planned move. The parent remaining in Arizona can agree to the relocation. The parent remaining in Arizona can object to the relocation.
If a parent is objecting to relocation, they must file an objection with the court within 30 days of receiving notice. Unless good cause is shown, a court will not entertain an objection to relocation after the 30 days elapsed.
If the parties cannot agree to the relocation issue, the case will be set for trial before a judge. The Court will determine if relocation is in the child’s best interests. The parent seeking the relocation has the burden of proving that relocation is in the child’s best interest. There are many factors a Court considers in determining what is in the best interest of the child and they include: the parent’s relationship with the child and siblings; the child’s adjustment to home, school, and community; and the child’s wishes (if they are of suitable age and maturity); the mental and physical health of all parties; among others.
Obtaining representation early on in your case is incredibly important. Simonds Law Group, PLLC is experienced in resolving and litigating relocation cases. If you are facing relocation issues with your family, please contact us and schedule a consult. Our firm’s early involvement in your will help facilitate a solution to your relocation issues.
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