Divorce brings about many challenges, but one of the most complex and emotional issues for parents is child custody. When relocation gets added to the mix, things can become even more complicated. If you’re a parent in Arizona considering relocating—whether within the state or out of it—you’re likely wondering how this will affect your custody arrangement. And if you’re on the other side, facing the prospect of your child moving far away, the stress can feel overwhelming.

At Blake & Pulsifer, PLC, our Tempe family lawyers can offer you a better understanding of how relocation might impact your custody in Arizona. If you’re considering a move or facing a potential relocation, it’s crucial to know that Arizona has its own terms for custody, its own set of rules, and its own way of handling these issues. And as you’ll see, this is one situation where having a local attorney on your side could make all the difference.

Legal Decision Making and Parenting Time in Arizona: Understanding the Basics

Before discussing relocation, it’s important to understand that Arizona doesn’t use the traditional terms “custody” and “visitation” like many other states. Instead, Arizona courts refer to “legal decision-making” and “parenting time.”

When it comes to moving out of state or even a significant distance within Arizona, these legal definitions come into play. Relocation can have a profound impact on parenting time, making it more difficult for both parents to remain involved in their child’s life. As a result, Arizona courts are very careful when reviewing these cases.

Can You Relocate After a Divorce in Arizona?

If you’re thinking about relocating, the first thing to understand is that you can’t simply pack up and move—especially if the move will significantly affect the other parent’s time with your child. Arizona has specific rules for relocating with a child, and you’ll need to follow them closely.

Generally speaking, if both parents share joint legal decision-making or if one parent has substantial parenting time, you’ll need court approval or an agreement from the other parent before moving.

Arizona law A.R.S. § 25-408 outlines the requirements for relocating with a child. According to this statute, if you want to move more than 100 miles from your current residence (whether in-state or out-of-state), and the move will affect the other parent’s time with the child, you must give the other parent at least 45 days’ notice. During this time, the other parent can petition the court to prevent the move if they object.

Of course, this doesn’t mean that relocation is impossible, but it does mean the process can be challenging. Arizona courts take relocation requests seriously, especially when it means one parent’s ability to have meaningful time with their child may be reduced.

How Do Courts Decide?

If the other parent objects to the relocation, it’s up to the court to decide whether the move is in the child’s best interest. Arizona courts use a set of factors to guide their decision-making. Some of the most important factors include:

  • The reasons for the move: Is the parent moving for a better job opportunity, to be closer to family, or for other positive reasons? Or is the move more about trying to distance the child from the other parent?
  • The impact on the child’s quality of life: Will the move improve the child’s education, living conditions, or social opportunities? Or will it disrupt their stability and support system?
  • The relationship between the child and both parents: If the move will significantly reduce the amount of time the child can spend with the other parent, the court will consider whether this could harm their bond.
  • The child’s adjustment to the current home and community: How well is the child adjusting to their current living situation? Would the move uproot them from an environment where they’re thriving?

Arizona courts aim to ensure that any decision benefits the child, not just the parent requesting the move.

How Can Parents Handle Relocation Requests?

When one parent wants to relocate and the other objects, emotions can run high. The desire to protect your relationship with your child can clash with your ex’s desire for a fresh start. Here are a few ways parents can handle relocation disputes:

1. Communicate Early and Often

While it might seem obvious, open and honest communication between parents is critical. If you’re considering a move, it’s important to bring it up with your co-parent as soon as possible. Giving them ample time to process and discuss the potential change can help reduce conflict.

2. Consider Mediation

Sometimes, even when both parents have the best intentions, they can’t agree on a solution. This is where mediation can come in handy. Mediation allows both parties to work with a neutral third party to reach a compromise without going through a lengthy court battle.

3. Prepare for a Court Hearing

If you can’t come to an agreement through communication or mediation, the next step is to go to court. This can be a stressful and time-consuming process, but it may be necessary. If you’re the parent requesting the move, you must be prepared to explain why the relocation is in your child’s best interest. Similarly, if you oppose the move, you must present a compelling case for why the current arrangement should remain in place.

Contact Our Tempe Family Law Attorneys

Relocation and custody issues are among the most emotional and complex challenges parents face after divorce. Whether you’re the parent considering a move or the parent who’s worried about losing time with your child, having an attorney who understands Arizona’s family law system is critical.

Our Tempe family law attorneys can help you through this difficult time. Call our law firm today at 480-838-3000 or fill out our confidential contact form.