When Can a Divorced Parent Move in Arizona?

Existing child custody laws in Arizona are facing changes in regards to when a divorced parent can relocate. Major changes to child custody laws already went into effect as of January 1, 2013, but the Arizona Senate recently approved an additional bill that, if passed by the House of Representatives, could create more child custody law changes.

The approved SB 1072 requires that a parent provide notice to the other parent of a move or relocation even if less than 100 miles. The broadening requirement would give parents receiving the notice an opportunity to object or agree to the move. However, some opponents of the bill find the change would make it harder for parents who are in emergency situations such as cases of domestic violence or abuse. On the flip-side, proponents say the measure would prevent parents abusing the current law who are making short and frequent moves, interfering with the other parent's time with the child.

New Arizona Law on When Divorced Parents Can Relocate

Currently, the relocation laws in Arizona state that if either the custodial or noncustodial parent wishes to move more than 100 miles away within his or her current Arizona residence or move out of Arizona, he or she must provide written notice to the other parent at least 60 days in advance. The nonrelocating parent then has the opportunity to either consent to the relocation agreement or if contesting, petition the court to prevent relocation of the minor child.

The new proposed legislation (approved by the Senate and now in the House), would eliminate the 100 mile rule and instead replace it with when there are "material changes of circumstances affecting the best interests of the child." A presumption of no material change would exist for moves less than two miles.

Contact Our Child Custody and Relocation Lawyers for More Information

If you have an existing child custody agreement and have questions about how this new potential law could affect your situation, please reach out to The Baker Law Firm. Our Phoenix, Arizona, child custody attorneys are highly experienced and can discuss your specific situation with you in an initial consultation. Contact us online or call 602-842-0359.

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