Written by attorney Jason Scott Treguboff

Relocation of Children After a Divorce In Arizona

A.R.S. §25-408 governs child relocation in Arizona. Generally, if both parents are entitled to custody or parenting time and both parents reside in Arizona, then the parent wishing to relocate the child out of state or more than 100 miles within the state must give the other parent at least 60 days written notice before the children can be relocated.

However, written notice may not be required if the relocation has been addressed in a court order or written agreement entered into within one year of the proposed relocation.

The parent wishing to relocate the child must prove that the relocation is in the child’s best interest according to the factors listed in A.R.S. §25-403. These factors include:

· The wishes of the child’s parent or parents as to custody.

· The wishes of the child as to the custodian.

· The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest.

· The child’s adjustment to home, school and community.

· The mental and physical health of all individuals involved.

· Which parent is more likely to allow the children frequent and meaningful continuing contact with the other parent.

· Whether one parent, both parents or neither parent has provided primary care of the child.

· The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.

· Whether either parent was convicted of an act of false reporting of child abuse or neglect.

· Whether there has been domestic violence or child abuse as defined in section 25-403.03.

· Whether the relocation is being made or opposed in good faith and not to interfere with or to frustrate the relationship between the child and the other parent or the other parent’s right of access to the child.

· The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child.

· The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders.

· Whether the relocation will allow a realistic opportunity for parenting time with each parent.

· The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child.

· The motives of the parents and the validity of the reasons given for moving or opposing the move including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations.

· The potential effect of relocation on the child’s stability.

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