Child relocation cases—also called "move-away' cases—are among the most contentious and high-stakes family law disputes in Arizona. When a parent wants to move more than 100 miles from their current residence, or out of state, Arizona law imposes strict requirements designed to protect the non-moving parent's relationship with the child and ensure that any relocation serves the child's best interests.
Arizona Revised Statutes § 25-408 establishes a comprehensive framework for relocation, including mandatory notice requirements, objection procedures, and the factors courts must consider when deciding whether to permit a move. Whether you are seeking to relocate or trying to prevent your child from being moved away, understanding these requirements is essential to protecting your parental rights.
When Relocation Notice is Required
45-Day Notice is Mandatory
Before moving more than 100 miles or out of state with your child, you must provide the other parent with 45 days written notice. Moving without proper notice is contempt of court and potentially custodial interference (a felony). Courts may order the child returned and modify custody against you.
Not every move requires formal notice and court involvement. Arizona's relocation statute applies in specific circumstances:
Triggering Distance: 100 Miles or State Line
100-mile rule: Notice required when relocating more than 100 miles from current primary residence
State line rule: Notice required when moving out of Arizona, regardless of distance
Whichever comes first: The requirement triggers on whichever threshold is reached first
Measuring distance: Measured from child's current primary residence, not parent's workplace or other locations
Who Must Provide Notice
Parent with parenting time: Any parent who has court-ordered parenting time must provide notice
Person with legal decision-making: Anyone with legal decision-making authority
Both parents: Even if one parent has sole custody, both must comply if either has any parenting time
Third-party custodians: Grandparents or others with court-ordered time must also comply
When Notice is NOT Required
Moves under 100 miles: Local moves within the same metropolitan area (unless out of state)
Temporary moves: Short-term relocations for work assignments, military deployment, or similar (but must return)
Emergency situations: Domestic violence fleeing situations (but notice should follow as soon as safe)
No parenting order: If no court order exists establishing parenting time (though one should be obtained)
Objection and Court Hearing Process
The non-relocating parent has specific rights to object to proposed relocation:
Filing Objection
30-day deadline: Must file objection within 30 days of receiving notice
Petition to prevent relocation: File formal objection with court
Grounds for objection: State reasons relocation not in child's best interests
Request for hearing: Request court hearing on relocation
If No Objection Filed
Relocation permitted: May proceed with relocation after 30 days
Automatic parenting time modification: Proposed schedule becomes order
No court hearing: No need for judicial approval
Still subject to best interests: Other parent can later challenge if fraud/duress
Family Court website: superiorcourt.maricopa.gov/family
Common Relocation Mistakes to Avoid
Understanding common errors helps parents navigate the relocation process effectively:
Mistakes by Relocating Parents
Moving before permission: Never relocate before 45-day notice period expires or court approval
Incomplete notice: Providing vague or incomplete information in notice
Unrealistic parenting plans: Proposing schedules that don't work practically
Failing to consider child's connections: Ignoring child's established relationships and activities
Last-minute notice: Waiting until the last moment creates suspicion of bad faith
Poor documentation: Not having job offers, housing plans, school research ready
Dismissing other parent's concerns: Appearing uncooperative damages credibility
Mistakes by Non-Relocating Parents
Missing objection deadline: Failing to file objection within 30 days
Emotional opposition: Opposing based on anger rather than child's best interests
No alternative proposal: Objecting without offering solutions
Ignoring legitimate reasons: Dismissing valid career or family reasons for move
Inadequate involvement: History of limited involvement undermines opposition
Delayed action: Waiting too long to file for expedited hearing
Mistakes by Both Parents
Informal agreements: Agreeing to relocation without proper court documentation
Using child as messenger: Communicating through the child about relocation
Social media posts: Posting about move before proper notice given
Involving child inappropriately: Pressuring child to take sides
Underestimating costs: Not planning for significant travel expenses
After Relocation: Maintaining the Parent-Child Relationship
When relocation is approved, maintaining the non-relocating parent's relationship requires commitment from both parents:
Best Practices for Relocating Parents
Honor the schedule: Never cancel or reduce scheduled parenting time
Facilitate communication: Make child available for calls at agreed times
Share school information: Provide all school records, report cards, teacher contact info
Include other parent: Notify of activities, performances, games—even if attendance is difficult
Positive attitude: Speak positively about other parent to child
Documentation: Keep records of all parenting time and travel arrangements
Best Practices for Non-Relocating Parents
Stay involved: Call, text, and video chat regularly during non-parenting time
Plan ahead: Book travel early for parenting time periods
Be flexible: Accommodate reasonable schedule adjustments when asked
Visit child's world: When possible, visit child's new school and community
Create memories: Make the most of parenting time with quality activities
Avoid guilt trips: Don't make child feel bad about the distance
Technology for Long-Distance Parenting
Video calling: FaceTime, Zoom, Google Meet for regular visual contact
Messaging apps: Age-appropriate texting or messaging
Shared calendars: Google Calendar or similar for scheduling coordination
Gaming together: Online games can provide shared activities
Movie nights: Watch movies 'together' while on video call
Reading together: Read bedtime stories via video for younger children
Homework help: Assist with homework remotely via video call
Modifying Relocation Orders
Circumstances change after relocation. Either parent can seek modification:
Grounds for Modification
Changed circumstances: Significant change since relocation approval
Child's needs: Child's needs have changed as they've grown
Schedule not working: Current arrangement not serving child's best interests
Compliance issues: One parent not following the order
Safety concerns: New safety issues have arisen
Potential Modifications
Adjusted parenting time: More or less time with each parent
Changed transportation: Different cost allocation or arrangements
Return of child: If relocation not working, child may return to Arizona
Custody change: Change of primary residential parent
The Legal Process
Provide 45-Day Written Notice
Send written notice to the other parent at least 45 days before relocating more than 100 miles or out of state. Include new address and proposed parenting plan.
Objection Period
Other parent has 30 days to file written objection with the court. If no objection, relocation may proceed with modified parenting plan.
Common Questions
Can I move out of state with my child after divorce in Arizona?
You must provide 45 days written notice to the other parent before relocating more than 100 miles. If they object within 30 days, you cannot move until a court decides the matter. Relocating without proper notice can result in contempt charges and potential custody changes.
What is the 100-mile rule in Arizona?
Arizona's relocation statute (A.R.S. § 25-408) requires 45 days advance written notice before moving a child more than 100 miles from the current residence or out of state, whichever triggers first. The 100 miles is measured from the child's current primary residence.
How do courts decide whether to allow relocation?
Courts consider the child's best interests including: the reason for the move, impact on the child's relationship with the non-moving parent, educational and health benefits, the child's wishes (if mature), and whether the move is being made to frustrate parenting time.
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