How Relocating Affects Custody Agreements in Arizona
Child custody agreements determine how Arizona parents share responsibilities and time. If you relocate with a child, you must follow a legal process according to this written agreement.
Brown Family Law is here to guide you through relocation with empathy and care. Our attorneys have the same focus as the parents they serve — ensuring the children are a priority.
Our experienced Arizona divorce lawyers can examine your existing child custody order. Once we understand your needs, we can ease you through the legal aspects of relocation. If issues arise, our attorneys can advocate for effective solutions.
Moving is stressful enough, especially when a child’s best interests are at stake. Entrust your relocation case to our attorneys, and spare yourself the time, fear, and stress of complex legal matters. Call (480) 882-0767 today to schedule your free family law consultation.
Understanding Arizona’s Relocation Laws
When two parents divorce, one parent might receive sole custody of the kids. This parent would make significant decisions about the children’s upbringing. He or she would also care for the children’s physical and mental health.
The noncustodial parent would not have legal custody of the minor children involved. Yet, he or she might seek the court’s permission to visit. At times, though, child abuse or some other factor would cause the court to deny visitation.
What if both parents share parenting time and joint legal decision-making? This arrangement is called joint custody. Courts still usually give primary physical custody of a child to one parent or the other.
The custodial parent is the person with whom the child lives most of the time. What if he or she needs to relocate to a different state or 100 or more miles away within the same state? This parent must inform the other parent.
The guidelines set by Arizona law and the custody arrangement could include:
- Providing written notice at least 45 days in advance
- Sending the notice by certified mail
- Requesting a return receipt
Failing to follow these rules could negatively affect the custodial parent’s rights. He or she could lose legal decision-making. Courts might even transfer custody to the other parent.
Yet, suppose you take all the proper legal procedures. Can you assume your Arizona child custody and relocation case will proceed smoothly? The next section discusses how courts decide whether relocation is in the child’s best interests.
Examining the Factors Behind a Move
When a parent files an Arizona child relocation case, the court considers many factors to determine whether or not it should be approved.
The circumstances behind the proposed relocation
A move may be necessary to access better healthcare. For example, the parent or child may require specialized treatment that is only available in another city. Prioritizing medical care ensures the family’s well-being and quality of life.
Safety concerns can also justify relocation. Escaping domestic violence or an unsafe neighborhood would create a more secure environment for the child.
Financial struggles, such as losing housing or finding a better job, could also force a change. A parent may need to live in a more affordable area or where there is more work. These factors could contribute to a stronger foundation for the child’s future.
How the move will affect the non-relocating parent
When a custodial parent moves, the impact of that decision could be significant. If it impairs the other parent’s visitation rights, the child has less time with this parent. A long-distance move often makes the original visitation schedule impractical.
The non-relocating parent may also face challenges like:
- Increased travel costs
- Less in-person interaction
- Limited opportunities to participate in legal decision-making
The divorce advice of an experienced attorney can make the difference. Our team can advise you on adjusting your custody arrangement. Solutions and compromises can ease the noncustodial parent’s mind.
For instance, what if distance affects the parent’s ability to meet on weekends? What if transportation costs make short visits too costly? You could shift focus to longer visits on school breaks and holidays.
Virtual communication, such as video calls, can also bridge the gap. Of course, it cannot fully replace physical time. The reality is that the amount and quality of time together may change.
If you demonstrate a willingness to balance your child’s relationship with his or her other parent and respect for the existing custody arrangement, the recent legal action filed could be easier for everyone to accept.
The impact on the child
Studies have long indicated that relocation can have a significant psychological effect. As children of divorce move, they lose familiar surroundings, friends, and extended family. These new circumstances can lead to feelings of loss, anxiety, or loneliness.
Adjusting to a new environment, school, and routines may take time. The child’s emotional well-being could suffer. Relocation can be a factor in behavioral problems and an increased risk of failing in school.
The physical factors of a move could also negatively affect a child’s adjustment. Your son or daughter might struggle with disrupted routines and sleep schedules. Developmentally, children may struggle to form new social connections and academic expectations.
Children can adapt and thrive in different surroundings. Proper support and consistency from both parents can help. Ultimately, the parent with legal custody must provide a stable environment for the child in the new location.
The likelihood of custodial parent compliance
When considering relocation requests, Arizona courts often evaluate the past.
They might consider the custodial parent’s history of:
- Complying with existing custody orders
- Supporting the child’s relationship with the ex-spouse
- Demonstrating consideration for the other parent’s parenting time
Cooperation supports a child’s meaningful relationship with both parents. A parent with a record of reasonableness is more likely to gain approval for a move. Yet, what about an objection from an ex-spouse and a move to another state? The next section discusses a law that impacts more complex child custody cases.
Handling Complexities in Child Custody Orders
Child custody orders are meant to create stability for children. However, custody orders must balance the responsibilities and rights of both parents. Changes in circumstances, misunderstandings, or disagreements can quickly complicate even the most well-intentioned child custody arrangements.
When one parent objects
Sadly, some relocations seem motivated by bad faith attempts. One parent unnecessarily interferes with the child’s bond with the other parent. For instance, one parent might claim that the other is using the move to gain sole physical custody or limit the parenting time the child spends with an ex-partner. Courts examine motives to ensure moves are not intended to cut off a deserving parent’s relationship.
Financial factors can also influence whether a move is supported or opposed. The non-moving parent might feel that the relocation could impact child support payments or cause an unfair financial burden on the parent who has to travel to maintain visitation. Clear evidence of good faith intentions is critical to resolving these disputes.
A parent must petition the court within 30 days to oppose a relocation notice. After the deadline, the noncustodial parent can still make a petition for a hearing. Yet, he or she is unlikely to win the request without good cause.
When uniform child custody jurisdiction affects your case
Suppose you enter into a custody agreement in Arizona but want to relocate with a child to another state. Your child custody case could become complicated. Would the controlling Arizona statute still apply? Would the new state make different child custody arrangements?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) ensures that one state cannot cancel another’s written agreement or court order. The state that first made the child custody order is the child’s home state. It maintains exclusive and continuing jurisdiction as long as one of the child’s parents has a significant legal status there.
Most states, including Arizona, adopt this federal law. Under this uniform state law, the state the moving parent relocates to would enforce court orders from the child’s home state. This act provides consistency and stability in child custody matters across state lines. It also deters interparental kidnapping and facilitates emergencies requiring immediate protective action (e.g., abandonment or abuse).
A divorced parent can use the UCCJEA to request a modification to a custody order. First, he or she informs the court that one parent plans to move out of state. Then, the court will consider whether another state has more contact and relevance with the minor children and their parents. The original custody order will be upheld unless the original court relinquishes jurisdiction.
A divorce lawyer can help you manage the obstacles surrounding child relocation. You can work together to preserve a supportive environment for your child.
Don’t Make a Move Without Brown Family Law
Navigating custody challenges requires balancing parenting time, decision-making, and the child’s well-being. Whether dealing with a move out of state or seeking to adjust an existing order, an Arizona court should support the child’s best interests. A fair outcome requires informed legal guidance and a clear understanding of your rights.
If you are facing custody-related issues, why not seek legal guidance? Our law firm can guide you every step of the way. Schedule a divorce consultation at (480) 882-0767 to discuss how to act if you need to relocate nearby or move out of state.
Photo by Laura Ohlman on Unsplash
