Arizona’s Child Custody and Parental Relocation Laws
Divorce is a complex matter, especially when children are involved. The process can become even more complicated when a parent chooses to move to a new home or state. A parent’s decision to move out of state and how it affects custody decisions regarding their children can quickly become a contentious matter. To smooth the divorce process and the adjustment time after the divorce, it is critical to learn the ins and outs of relocating with sole or joint custody of your children.
If a divorced parent is considering moving out of state or more than 100 miles away from the original location, both parents should seek legal representation immediately. The state of Arizona’s Family Court strives to ensure all decisions are made while considering the best interests of the children, and an experienced attorney can help parents address child custody matters with this in mind.
If you’re looking for an experienced child relocation attorney in the Phoenix area, The Valley Law Group can provide the guidance you need to navigate this difficult matter.
According to Arizona law, any move to a new address is defined as relocation. For that reason, whether you move down the street or to a new state entirely, the address change means you’ve relocated. Regardless of where you move, you must inform your child’s other parent of this decision and discuss how it will affect child custody – known in Arizona as “parenting time.”
This is because relocation can create difficult issues for child custody arrangements. If you or your ex-spouse are planning to move, it’s vital for you to consult with an experienced attorney before the move occurs. Relocation can either be a seamless modification to the current child custody arrangement or a new battleground in a difficult family relationship.
Because relocation can affect a non-custodial parent’s access to the child (or children), it’s important to reach a mutual arrangement in the child’s best interests.
For example, should a parent wish to relocate out of state with the child, the other parent has the right to petition against the move. If the judge agrees that the move will not be in the best interest of the child, the parent can still relocate, but they cannot bring their child with them.
If the move is allowed to proceed, the existing child custody arrangement will likely need to be re-opened and amended to reflect the new distribution of custody and visitation time. It’s cases like these that make child custody relocation legal services crucial.
The Uniform Child Custody Jurisdiction and Enforcement Act
Almost every state in the U. S. has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law ensures that the court making the initial child custody order has exclusive jurisdiction over custody matters for the children involved. The state this court operates within is considered the child’s default home state.
The UCCJEA must be abided by if two requirements are met:
One of the child’s parents still lives in the home state.
The state was the child’s home state within six months prior to the most recent legal action filed through the court.
Depending on the relationship status of the parents of the child, the distinction of paternity can either be implied or established. Implied paternity, as the name suggests, is paternity that is assumed by circumstance. Established paternity, on the other hand, is paternity that is proven or reinforced by a specific test, legal measure, or agreed-upon acknowledgment.
If no state is considered the home state, another state can be established as the home state. This state will then have jurisdiction over any custody matters that arise. To qualify, the child and parent must show a “significant connection” to the new home state.
Several different factors are considered when determining a new home state, including:
- The child’s relationship with both parents
- Any external or dangerous factors, including domestic violence
- The child’s physical presence in the state
- The state’s ability to meet the child’s needs
- The distance between the two states
- And more
It is essential to secure a valid court order regarding child custody, as parents can face legal consequences when relocating and violating a court order. To change this court order, a parent must file – and the court must approve – a modification. A skilled Arizona child custody attorney is essential to ensure the process is simple and effective.
Modifying an Arizona Custody Order Under the UCCJEA
If necessary, you can request a modification to your child custody order issued under the UCCJEA.
Typically, the original order will be upheld, but there are two cases where you may be granted a modification:
- The child and both parents have relocated out of state but not to the same state.
- The court determines that the jurisdiction over the custody case isn’t optimal, as another state has more contact with the child and parents.
If granted, the state will issue a new custody order, including the modification, and this must be detailed before a new home state can update its custody order. This is a lengthy process, but one that can be completed much more efficiently with an Arizona divorce and family law attorney.
Requesting an Emergency Order Under the UCCJEA
If your child is at risk due to an abusive parent or toxic environment, you can request an emergency order under the UCCJEA. Emergency orders are only temporary, but these are designed to keep children safe from dangerous parents. The parent with full custody must still return to the home court and have the original order modified or eliminated. However, until then, you are able to file an emergency order if it benefits the child.
What to Do If One Parent Decides to Move Out of Arizona
What to Do Before Relocation
Before a parent relocates, the moving parent is required to submit an official notice to the non-moving parent.
The notice must occur at least 60 days before you can relocate the child more than 100 miles away from the original address, even if the new address is within Arizona.
This notice must be made by certified mail, and if this isn’t done correctly, it may be subject to sanctions. If a prior provision for relocation exists, or if a court order prevents the child from relocating, you cannot relocate the child but can still relocate yourself.
Failure to meet certain procedural requirements before the relocation can result in a change in your custody rights and even criminal charges.
Arizona Family Court Makes the Final Decision
After considering all factors of the divorce and child custody case, the court will make a final decision regarding whether a parent can relocate with the child.
This decision is based on the factors previously mentioned, as well as:
The relocating parent’s intention to move
Which parent is the primary caretaker
The wishes of both the parents and the child
How the relocation will affect the child’s overall well-being
How well the child adjusts to the current environment
No matter your circumstances, it’s imperative to secure representation from child relocation lawyers who can examine your case and achieve the best solution possible.
Why Do I Need a Child Relocation Attorney?
While it’s possible to navigate child custody and relocation matters on your own, this is both difficult and risky. By consulting with child relocation lawyers, you can fully explain your situation to someone who understands Arizona law and its intricacies. You’ll know what to expect whether you are the relocating parent or are attempting to prevent your child’s other parent from moving.
Attorneys are also knowledgeable regarding Arizona parenting laws. While Arizonans can certainly do their own research on law in the state, there are certain details that can easily be overlooked by the average parent.
An attorney knows these details and can build a strong case for you. Also, any divorce-related matter can be complicated and emotionally driven, which makes creating your own case difficult. Having legal representation allows you to focus on other matters involved in your situation while your team works on building a case for you.
In addition, relocating without following the proper procedures means you could face repercussions. Not only could you face legal trouble, but the judge may amend the custody order in the other parent’s favor as a result of your actions.
Likewise, if a parent wishes to relocate, but you disagree, it is crucial to seek an attorney’s help to file a motion to prevent it immediately. Filing motions against relocation can be complicated, but with legal representation, you have a better chance of achieving the results you want.
Arizona Relocation Laws FAQs
Relocation cases in Arizona can be stressful, especially if you have additional circumstances that complicate the case.
Below are some frequently asked questions our team has received regarding child relocation.
You may view your relationship with your child’s other parent as contentious, especially if your divorce ended on a negative note. It’s common for ex-spouses to compete with each other in every aspect, including spending more time with the kids, controlling the location of the child, and more. However, it’s crucial for both to understand that your children are the priority, not winning a competition.
Rather than looking at how to “win” cases, we encourage our clients to look at these cases as ways to improve their child’s overall well-being.
The timeline varies depending on the type of adoption, but most cases take several months to a year.
It depends on the strength of the evidence and the specific circumstances of your case. Sometimes a plea deal can significantly reduce penalties, but in other cases, fighting the charges may offer a better outcome. An experienced criminal defense attorney can help you evaluate all options before making a decision.
The Valley Law Group for Arizona Child Custody and Relocation
No matter the circumstances, determining child custody can be challenging, stressful, and overwhelming for both the parents and children. Even after child custody has been finalized, things can still change and will require a timely notification, petition, and modification to ensure the changes meet the child’s best interests. The experienced attorneys at The Valley Law Group have amassed decades of experience handling child custody and relocation in Arizona.
Our team delivers world-class legal services to Arizonans in need through scrupulous attention to detail, time-tested best practices, and unfailing devotion to client service. Our award-winning attorneys understand that service begins and ends with them, and we are fortunate to enjoy positive, lasting relationships with our clients, both large and small.
Learn More About Child Custody
Our Team is ready to advocate for you
Our team delivers world-class legal services to Arizonans in need through scrupulous attention to detail, time-tested best practices, and unfailing devotion to client service. Our award-winning attorneys understand that service begins and ends with them, and we are fortunate to enjoy positive, lasting relationships with our clients, both large and small. Contact us today and learn what a difference it makes to have the right people in your corner.Reviews
