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Home » Child Relocation Statute Does Not Apply in AZ | Hildebrand Law, PC

Child Relocation Statute Does Not Apply in AZ | Hildebrand Law, PC

Posted on : December 22, 2015, By: Chris Hildebrand

Arizona Child Relocation Law

When Child Relocation Factors Do Not Apply in Arizona

Learn About When Arizona Child Relocation Statute Does Not Apply from Our Arizona Licensed Attorney Chris Hildebrand of Hildebrand Law, PC.

There are times when a child relocation statute does not apply in Arizona. In Arizona, when there is a court order establishing custody and/or parenting for both parents, and both parents reside in the state, either party is required to provide written notice of at least sixty days in advance to the other parent before relocating the child outside of the state or relocating the child more than one hundred miles within the state of Arizona.

In considering the following case, the Arizona court of appeals found it necessary to determine the applicability of statutory relocation provisions. C.P. was born in Arizona in 2004. Both her mother and father resided in the state. They were not married. C.P spent some time residing with both parents as well as time spent residing with each parent individually. In Fall 2006 C.P. was living with her father.

Her mother informed the father that she was moving to Maryland due to her marriage to John Noftsinger and that she wanted to take C.P to Maryland. Father did not agree, and mother moved to Maryland without C.P. There were no written agreements in place regarding child custody or parenting time at this time.

In December 2006, the father filed a paternity action seeking sole custody. The mother was served in Maryland in February 2007. She failed to file a response promptly, so the father applied for default.

Later, the mother failed to appear at the Resolution Management Conference, the default was noted by the family court, and a temporary order was issued granting sole custody to the father. No mention of parenting time was included in regards to the mother. Not long after, the mother filed a cross-petition for sole custody of C.P.

A trial occurred for the case on January 2008 at which time the family court entered an order providing joint custody and equal parenting time. After the order was entered, the father attempted to file a motion for a new trial which was unsuccessful. He now appeals both the order entered by the family court and the denial of his motion for a new trial. The Arizona Court of Appeals court had jurisdiction to hear the appeal in this matter.

Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.

Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.

Applicability of the Relocation Provisions

When denying the motion for a new trial, the family court judge specified that the factors as outlined in A.R.S. §§ 25-403(A) and 403.01(B) were considered, but that the relocation factors outlined in A.R.S. § 25-408(I) were not specifically addressed. The father argues that this was a wrong way of handling the issue as this is a “relocation” case. The mother wants to relocate with the child to Maryland, and the father wants to continue residing with the child in Arizona.

In a review of the relocation provisions, it is important to pinpoint the intent of the legislature as well as any qualifying factors. In this instance, two prerequisites are established in regards to the statute regarding relocation of or with the child; specifically, a written agreement or court order that provides custody or parenting time for both parents and both parents being residents of Arizona.

In the case of Buencamino v Noftsinger, neither prerequisite existed at the time of the court ruling. There was not a written agreement or custody order outlining custody and parenting time for both parents. The temporary order obtained by the father included no mention of the mother. Also, at the time of the action, the mother was already residing in Maryland, so both parents are not residents of the state of Arizona.

Due to these facts, and according to the plain language of the law, the statutory prerequisites for the application of the relocation provisions in the statute did not exist in this case. Therefore, the family court was not required to consider the relocation requirements or make any particular findings following the factors as prescribed by that specific statute. The family court’s custody order was affirmed for the reasons stated above.

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Scottsdale Arizona Divorce Attorney.

Scottsdale Arizona Divorce Attorney.

Chris Hildebrand wrote this article to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.

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Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus. Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend. Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face. I highly recommend Chris Hildebrand @ Hildebrand Law, PC.

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I cannot express enough how thankful I am that I found Hildrebrand Law. Chris Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.

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I interviewed several firms and selected Hildebrand Law for my difficult military divorce as a direct result of their whole family concern and integrity. During the interview process the professionals at Hildebrand Law were as concerned for the well being of my children as I was and ensured that they presented several options along the way to ensure that we protected my children's needs as well as my financial situation. At each decision point they laid out a clear path, how it impacted the children, the financial situation. They even reminded me that my ultimate stated goal was the best interest of my children each time the other party got particularly challenging and my frustration was getting the better of me. The owner handled my case personally and was exceptionally well versed in the unique aspects of a divorce involving the military and associated benefits. Won't need them again (fingers crossed!!! :) ) but would totally recommend them to anyone!

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We had a fairly complicated case in Family Court and Juvenile Court. Kip was an excellent attorney. He covered every base there was to cover and left no stone unturned. I would highly recommend him to anyone going through custody proceedings. Hildebrand Law is an excellent law firm and I am confident that Kip or any of their other attorneys would do an excellent job! Thanks Kip and Hildebrand Law!

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HIGHLY RECOMMEND! Cannot say enough wonderful things about my experience with Hildebrand Law. I have been working with Chris and the firm for about 6 years now, and I always feel like my concerns, issues and questions are addressed in a thorough and timely manner. They definitely have my best interests at heart. I recommend Chris whenever anyone asks me who I used as my divorce attorney. Great firm and great results!

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I hired Michael Clancy just when I was about to give up on an existing post-decree case which I started with a different attorney over a year ago. Michael is knowledgeable, upfront and personable; he gave me the confidence to continue and settle my post decree case. I knew he was secure, capable and could handle my case and represent me well. He did everything he could to ensure a great outcome for the modification of my current court orders to help my son have a more stable mental, social and physical well-being, which to me is priceless! I would highly recommend him to anyone who wants to be in the best possible hands during one of the most stressful events that could happen to any parent that wants the best for their child/children. Thank you Michael for fighting for my son's safety!! Also, his paralegal, Alison, was awesome and very helpful!

Shari Abbit

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21:15 12 Apr 19

HIGHLY RECOMMEND! Cannot say enough wonderful things about my experience with Hildebrand Law. I have been working with Chris and the firm for about 6 years now, and I always feel like my concerns, issues and questions are addressed in a thorough and timely manner. They definitely have my best interests at heart. I recommend Chris whenever anyone asks me who I used as my divorce attorney. Great firm and great results!

Rick Cabral

Rick Cabral

23:23 22 Jan 19

Chris Hildebrand is one of the sharpest and effective attorneys that I have encountered in my 27 years of business. Doing business on the East Coast, as well as Southern California and Arizona has afforded me countless opportunities to work with legal minds from various parts of the country. Needless to say, Chris is by far one of the most honest, intelligent and street smart attorneys I have encountered. I have referred a number of people to Chris and everyone has been fully satisfied. 100% recommend him!

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