Life brings us many changes. While individuals may marry, have children and settle down, their individual lives may eventually force them to move. Though this might seem like a normal aspect of life, it can be a difficult issue when divorce, child custody and visitation are involved. Parents who have custody of their children often cannot just simply pack up and relocate. Instead, certain legal actions must be taken.
According to Arizona law, 60 days' worth of notice is required if a parent wants to relocate out of state with their child and both parents have custody or parenting time with the child. This notice, which is to be provided to the other parent and the court, is also required if the relocation is to be within the state but more than 100 miles away. The non-moving parent then has 30 days to contest the relocation. During this hearing, the court will determine whether the relocation will support the best interests of the child.
It is worth noting that matters can be further complicated if an agreement exists between the parents to limit or deny relocation. In these instances, the agreement is presumed to be in the best interests of the child, making it more difficult for a parent to move with his or her child.
Under certain circumstances, a parent may be allowed to temporarily relocate with the child until the matter is settled. These instances usually involve employment or health issues. However, relocation is still a considerably difficult legal issue to handle. Thus, those who are facing one of these situations should consider seeking guidance from a competent, compassionate, and experienced Tucson family law attorney.
Source: Arizona Legislature, "Arizona Relocation Statute," accessed on Dec. 7, 2014