What Happens If A Parent Wants to Move Out of State With A Child?
A parent seeking to move the children more than one hundred (100) miles from the other parent must give the nonmoving parent notice of the intention to relocate at least sixty (60) days before the proposed move, according to Arizona Revised Statute Section 25-408.
However, there are certain situations when the provisions of Arizona Revised State Section 25-408 do not apply and, therefore, notice of intent to relocate with the child is not required. You should read our summary of the Arizona Court of Appeals decision in the Buencamino v. Noftsinger case for more information about when A.R.S. 25-408 does not apply.
During that sixty (60) day period, the non-moving spouse may petition the court for an injunction to prohibit the other parent from moving the children. There are certain statutory exceptions which, if applicable to your particular case, may allow a parent to make progress with the parties’ children before the expiration of the sixty (60) day notice.
One tactic some parents have used to circumvent the one hundred mile rule, which is contained in Arizona Revised Statute Section 25-408, is to make multiple moves that are all less than the one hundred mile threshold but cumulatively (i.e., move after move) is more than one hundred miles; all without needing the permission of the court. You should read our summary of the Arizona Court of Appeals decision in the Thompson v. Thompson case for more information regarding that issue.
It is also important to note that the move away statute (i.e., A.R.S. 25-408) provides a remedy to stop a child’s relocation to another state. Others, such as grandparents, who have court ordered parenting time with the kids cannot use A.R.S. 25-408 to attempt to prevent a parent from relocating a child out of the state of Arizona. You should read our summary of the Arizona Court of Appeals decision in the Sheehan v. Flower case in which the Court of Appeals concluded a grandparent cannot use the remedies in A.R.S. 25-408 to prevent a parent from relocating his or her grandchild out of Arizona.
The Arizona Court of Appeals in the case of Murray v. Murray held that the requirements of Arizona Revised Statute Section 24-411, which prevents a court from modifying child custody orders within a year the last order was issued, prevents a parent from even seeking to relocate with his or her children within twelve months of the entry of the last child custody order.
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Contact us today or call us at (480)947-4339 to schedule your consultation with one of our Scottsdale Arizona Child Custody Attorneys regarding child custody issues, the divorce process or any other Arizona family law matter.