Arizona's Anti-Move Away Statute
At the law firm of Bruce D. Brown PLLC, we have helped families work through the difficult issue of relocation of a child when one parent decides to move out of the state or more than 100 miles within the state.
Although traditionally, there was nothing the non-custodial parent could do to prevent the other parent from moving with the children, in recent years most states, including Arizona, have enacted statutes that directly address such an occurrence and make it much more burdensome on the parent who wants to relocate with the child or children.
Historically, the law in Arizona allowed a custodial parent to move a child with little regard for the consequences for the child's relationship with the other parent. The current trend, however, is for courts to not allow a parent (when both parents are living in Arizona) to relocate their children if the other parent objects unless the moving parent can prove that such a move would be appropriately in the child's best interests. A parent who wants to relocate after remarriage or a change of employment must show that the move is in the child's best interest and not just because it may be in the best interest of the moving parent. Consequently, long distance moves made merely on a lark, to pursue a romance, bad intent or for not well thought out reasons are often denied. The courts cannot keep an adult from moving but they can order that the children remain with the non-moving parent.
Currently, state law requires the moving parent to give written notice at least sixty days in advance of the move that he or she will be permanently relocating the child. If the non-moving parent objects, that parent must petition the court to prevent the move and a hearing will be scheduled. The court will determine if the relocation of the child is in the child's best interests and the child is usually not allowed to move until the hearing is held.
However, it is possible to persuade a court that the court should allow such a move. Attorney Bruce Brown has convinced a number of courts to allow moves, but have also successfully sought orders preventing such moves. We recognize the fact that each case is different and see the importance of discerning the key factors to each case, which helps us present the most convincing case to the family court judge. We will protect your and your children's best interests by presenting the compelling arguments for or against relocation.
If a relocation is approved, either by agreement of the parents or by the Court, changes to custody, parenting time and child support orders normally would be necessary and our firm could assist with that also as described on page "child custody and support".
Please feel free to contact the law firm of Bruce D. Brown PLLC for a consultation at 602-639-4574.
