Family Law & Divorce Attorney
Relocation after a custody order is not a free choice. In Arizona, a parent who wants to move with a child may need advance notice, and in many cases, court approval before relocating.
If you are thinking about moving, or if the other parent has plans to relocate, timing and process matter. The steps you take early can affect whether the move is allowed and how parenting time is adjusted.
When Do Relocation Restrictions Apply in Arizona?
Arizona law places limits on relocation when both parents have rights to parenting time or legal decision-making. The rules typically apply when:
- Both parents live in Arizona
- Both parents share legal decision-making or parenting time
- The proposed move would take the child out of state or more than 100 miles within the state
If these conditions are met, you cannot simply move with the child. You must follow statutory notice requirements and, in many cases, obtain agreement or court approval.
What Notice Is Required Before Moving?
Before relocating, you generally must provide written notice to the other parent at least 45 days in advance.
This notice should include details about the proposed move, such as the new location and timing. The purpose is to give the other parent an opportunity to object.
If the other parent does not respond or files no objection within 30 days, the move may proceed. If they object, the court will step in to decide whether relocation is appropriate.
What Happens If the Other Parent Objects?
When an objection is filed, the court will schedule a hearing. At that point, the parent requesting the move must show that relocation is in the child’s best interests.
The judge will review several factors, including:
- The reason for the proposed move
- The relationship between the child and each parent
- How the move would affect parenting time
- The child’s stability, schooling, and community ties
- Whether the move would improve quality of life for the child or the parent
No single factor controls the outcome. The court weighs the full picture before making a decision.
Can You Move Without Following the Rules?
Relocating without proper notice or court approval can create serious legal problems.
The court may:
- Order the child returned
- Modify custody or parenting time
- Consider the move as a negative factor in future decisions
Even if the move seems reasonable, skipping the legal process can undermine your position. Addressing relocation properly protects both your rights and your child’s stability.
How Do Courts Decide Relocation Cases?
Relocation cases focus on the child’s best interests, not the parent’s convenience.
The court looks at whether the move supports the child’s well-being while preserving meaningful contact with both parents. In some cases, relocation is approved with a revised parenting plan. In others, the request may be denied if it would significantly disrupt the child’s relationship with the other parent.
We often work with parents to present clear, fact-based arguments that show how a proposed move fits within these legal standards.
What Should You Do Before Planning a Move?
If you are considering relocation, it helps to prepare early. Waiting until plans are finalized can limit your options.
You may want to:
- Review your current custody orders
- Gather information about the new location, including schools and housing
- Consider how parenting time could be restructured
- Document the reasons for the move
If you are responding to the other parent’s relocation request, it is just as important to act quickly. Missing deadlines can affect your ability to challenge the move.
Talk Through Your Options Before You Move Forward
Relocation cases can change the structure of your parenting plan and your day-to-day life with your child. Whether you are requesting a move or responding to one, having a clear strategy matters.
At Cohen Family Law, we help parents evaluate relocation requests, prepare for court, and develop parenting plans that reflect their child’s needs. If you are considering a move or have received notice from the other parent, contact us to discuss your situation and the next steps.
