When a parent wishes to relocate with their child, they may need ot take specific legal steps, particularly if a custody order is in place. Generally, parents must secure court approval for a move that would significantly affect the other parent’s visitation or parenting schedule. Continue reading as we explore when court approval is necessary in Arizona and how our experienced ​Tempe Child Custody Lawyers can assist you in meeting these strict requirements. 

Do You Need Permission to Relocate With Your Child? 

In most Arizona custody matters, a parent seeking to move away with a child is legally required to either gain the other parent’s consent or obtain approval from the court. Ignoring these legal requirements can result in significant legal ramifications, as the court is focused solely on what’s in the child’s best interests. 

When both parents agree to the relocation, the process is considerably smoother. However, this mutual understanding must be formalized in writing, and court authorization is still likely necessary to modify an existing custody order or visitation schedule. Therefore, securing an updated parenting plan is advised. 

Conversely, if the non-relocating parent objects to the move, the parent wishing to relocate must formally petition the court for approval. This involves a legal proceeding where the judge will thoroughly assess the proposed relocation. The parent seeking the relocation must wait until a final, legally binding decision is reached. 

Are There Notice Requirements for Relocation?

Under Arizona law, a parent who has custody and plans on moving must give the other parent advance written notice, provided both parents live in the state. This notification is required no less than 45 days before the planned move and must outline the specifics of the relocation. Failing to provide adequate notice can jeopardize the relocating parent’s position. After receiving notice, the non-relocating parent has the opportunity to consent to the move or file an objection, which will result in a court hearing where a judge assesses the proposed move.  

How Do Arizona Courts Decide Relocation Cases?

When Arizona courts decide relocation cases, they turn to the best interests of the child standard. It should be noted that there isn’t an automatic presumption in favor of either party, and courts evaluate various factors, focusing on the child’s well-being, stability, and development. They will also take into account both parents’ involvement in the child’s daily life. Every case is unique, so the standard is applied on a case-by-case basis, evaluating how the relocation will affect the child. 

Key factors considered by the court include:

  • The motivation behind the planned move 
  • The effect on the relationship between the child and both parents 
  • How well the child is established in their current residence, school, and community 
  • The feasibility of maintaining regular, significant contact with the child 
  • Whether the move will improve the child’s overall standard of living 
  • The child’s stated parental preference (if sufficient age and maturity)
  • Any other relevant factors

The legal team at Weingart Family Law Firm is prepared to advocate for an arrangement that safeguards your parental rights and your child’s well-being. Connect with us today to schedule a consultation.