Relocating or moving away after divorce in Arizona is thorny and can be extremely challenging. There are many legitimate and positive reasons that you would be called to move such as a new job with growth opportunities in advancement and income or new relationships and their needs require your relocation. During and after divorce, people go through many changes: families grow; financial needs change; and sometimes, a parent may need, or simply want, to move to a new city or even out of state.
But under Arizona law, moving with your child is not as simple as packing up and going.
If you share legal decision-making or parenting time with the other parent, relocation is governed by specific legal requirements. Understanding those rules before making plans is essential.
What Counts as Relocation Under Arizona Law
Arizona law requires formal notice and, in many cases, court approval if:
- Both parents share legal decision-making or parenting time
- The move would take the child out of state
- The move would take the child more than 100 miles from their current residence within Arizona
If these conditions apply, the relocating parent must provide at least 45 days’ written notice to the other parent before moving.
The non-moving parent then has the right to object. If an objection is filed, the court will decide whether the relocation is in the child’s best interests.
What If the Other Parent Objects?
If the other parent disagrees with the move, the court will hold a hearing. The judge does not focus on what is most convenient for the parent. Instead, the primary consideration is what serves the best interests of the child.
The court will evaluate several factors, including:
- The child’s relationship with each parent
- The impact of the move on parenting time
- The child’s adjustment to school and community
- The reasons for the relocation
- Whether the move is being made in good faith
- The potential improvement in quality of life
For example, a job promotion that significantly increases financial stability may carry weight. However, the court will also consider how parenting time can realistically continue after the move.
Job Opportunities and Career Changes
Many relocation cases arise from employment changes. A better-paying job, military reassignment, or career advancement can create strong motivation to move.
However, even a legitimate job opportunity does not automatically guarantee court approval. The relocating parent must demonstrate how the move benefits the child, not just the parent’s career.
Courts often examine whether alternative arrangements exist. Could the job be remote? Could the parent commute? Is there a comparable opportunity locally?
Careful planning and documentation are critical in these cases.
How Relocation Affects Parenting Time
Relocation can significantly alter parenting schedules. If approved, courts may adjust parenting time to preserve meaningful contact with both parents. This could include:
- Extended holiday or summer visits
- Virtual parenting time
- Modified transportation arrangements
In some cases, relocation disputes lead to broader modifications of custody or legal decision-making.
Can Mediation Help?
Yes. While relocation disputes can be emotionally charged, mediation offers a private and constructive way to explore options. Parents may be able to negotiate modified schedules, shared travel costs, or alternative solutions without a contested court hearing.
At McMurdie Law & Mediation, we assist parents through both negotiation and litigation, depending on the circumstances. Some cases require court intervention, while others can be resolved cooperatively.
Planning Before You Move
The most important step in any relocation case is giving proper notice to your co-parent sufficient that they have time to seek court guidance. Moving without following proper notice requirements can harm your credibility with the court and negatively impact your case.
Before making commitments, signing leases, or accepting job offers, consult with an experienced family law attorney to understand how child relocation laws Arizona apply to your situation.
If you are considering a move, or responding to a relocation request, McMurdie Law & Mediation can help you understand your rights and develop a strategy that protects your child’s stability and your parental role.
Frequently Asked Questions About Child Relocation Laws Arizona
- Do I need court approval to move within Arizona
If the move is more than 100 miles from the child’s current residence and both parents share legal decision-making or parenting time, yes. Proper notice and possibly court approval are required.
- What happens if I move without giving notice
Failing to comply with relocation laws can result in court sanctions, modification of custody, or an order requiring the child’s return.
- Does the court automatically favor the primary residential parent
No. Arizona courts focus on the child’s best interests, not the convenience of either parent.
- How long does a relocation case take
If contested, relocation cases can take several months, depending on court scheduling and the complexity of the issues.