Relocating with Children After Divorce: What Arizona Laws Say

Relocating with children in Arizona after a divorce isn’t as simple as packing up and moving. Arizona family court relocation rules are designed to protect the best interests of the child, while balancing the rights of both parents. Whether you’re considering a move for a new job, family support, or a fresh start, it’s important to understand how child relocation laws in Arizona work before taking any steps.

How Does Arizona’s Child-Related Family Law Work?

In Arizona, the two issues related to children are legal decision-making authority and parenting time. Legal decision-making involves a parent’s authority to make major decisions about a child’s life, such as education, healthcare, and religious upbringing. Parenting time, on the other hand, refers to the actual time each parent spends with the child.

Arizona courts prioritize what is in the best interests of the child, and encourage co-parenting whenever possible. This means both parents are often granted shared parenting time, unless one parent is unfit due to abuse, substance issues, or other concerns.

Types of Legal Decision-Making Authority in Arizona

Parenting time can be split in various ways, even if one parent has sole legal decision-making authority. There are two primary types:

• Sole Legal Decision-Making: One parent has the authority to make all major decisions.
• Joint Legal Decision-Making: Both parents share responsibility and must agree on key decisions.

Factors Considered in Legal Decision-Making Authority Decisions

When making or modifying Legal Decision-Making Authority orders, Arizona courts consider several factors. These factors also play a role in relocation decisions:

• The child’s relationship with each parent
• The child’s adjustment to home, school, and community
• Each parent’s willingness to foster a relationship with the other parent
• History of domestic violence or substance abuse
• The child’s wishes (if mature enough)

Parenting Time & Visitation

When a parent seeks to relocate more than 100 miles away or out of state, they must provide at least 45 days’ written notice to the other parent. This gives the other parent time to object and request a court hearing.

In these cases, the court will re-evaluate the current parenting plan. They may adjust visitation schedules to ensure the non-moving parent continues to have meaningful time with the child—even if that means extended visits during school breaks or summer.

Modifying Legal Decision-Making Authority or Parenting Time Orders

If you’re seeking parent relocation after divorce, you’ll likely need to petition the court for a modification of your current Legal Decision-Making Authority or Parenting Time agreement. The judge will evaluate whether the move is in the child’s best interest. It’s crucial not to move without court approval, as doing so can result in serious legal consequences, including loss of parenting time or contempt charges.

Child Support in Arizona

A move may also impact child support. If the relocation significantly changes income or parenting time, either parent can request a review of the current child support order. Arizona uses an income shares model that considers both parents’ incomes and the time each parent spends with the child.

Need Help With Co-Parenting & Relocation in Arizona?

Relocation cases are some of the most complex family law issues in Arizona. Whether you’re planning a move or responding to a co-parent’s relocation notice, having experienced legal guidance can make all the difference.

At the Law Office of Hector A. Montoya, P.L.L.C., we understand the challenges of co-parenting and relocation in Arizona. With over 30 years of experience, Hector A. Montoya offers personal, practical legal solutions that put your child’s needs first. Contact us today to schedule a consultation and protect your family’s future with confidence.