Relocation

Legal Disputes Over Parental Relocation

Under Arizona law, a parent with primary custody of a child may not move out of state without notifying the child's other parent ahead of time. After receiving notice of the relocation, the second parent has two options.

First, the parent can agree to the long-distance relocation. At that point, the parents will then need to negotiate a revised visitation plan. Alternatively, the non-relocating parent can file a formal legal objection. This will force a court hearing on whether the custodial parent will be allowed to move away with the child.

Legal Help From a Law Firm That Helps With Creative and Efficient Solutions

At the Law Offices of Wendy Raquel Hernandez, P.C. in Phoenix, we represent parents throughout the metro area and across Arizona who have legal questions about parental relocation. We represent custodial parents who wish to move or noncustodial parents who object to a move. We can help file a notice or file an objection to the notice.

Basic Information About Arizona's Parental Relocation Laws

Under Arizona law, the custodial parent must give at least 60 days advance notice before moving out of state with the child. You don't necessarily need a lawyer to file the required notification. A letter is sufficient if it is sent via certified mail with a return receipt requested.

The noncustodial parent has 30 days to respond to the notice. If the parent does not respond, then the law may presume the noncustodial parent approves of the move. If the noncustodial parent objects, he or she can file a formal objection with the court, or the parent who wants to move away can file a petition asking the court to approve the relocation.

If a hearing takes place, the family court judge will ask a series of questions to decide whether to allow the relocation. All of the judge's questions will be aimed at determining what is in the best interest of the child.

For example, a new job may not be enough reason for the move. The judge may still deny the relocation if the child has many solid family ties where he or she currently lives. If the judge allows the relocation, the parents will be required to enter into a new parenting time or visitation arrangement. The existing order will have to be replaced with one that takes into account the greater distance between the noncustodial parent and the child.

Taking the Next Step

Early action is the key with any family law concern, including issues involving parental relocation. Call the Law Offices of Wendy Raquel Hernandez today for practical advice — (602) 903-6746. Or, use our online contact form to schedule a private consultation with an experienced attorney.