Can You Relocate With a Child After Divorce in Arizona?

The 45-Day Notice Requirement

Under A.R.S. § 25-408, when both parents share joint legal decision-making or unsupervised parenting time and both live in Arizona, the relocating parent must give the other parent at least 45 days' advance written notice before moving the child out of state, or more than 100 miles within Arizona. The notice must be sent by certified mail, return receipt requested, and should include the intended address, the reason for the move, the planned date, and a proposed revised parenting plan.

The 30-Day Objection Window

The nonmoving parent has 30 days after receiving notice to file a petition preventing the relocation. Miss that window, and a later objection generally succeeds only on a showing of good cause. Once a petition is filed, the relocating parent carries the burden of proving the move is made in good faith and serves the child's best interests.

How Courts Decide Relocation Disputes

Courts weigh whether the move is proposed or opposed in good faith, the benefit of the move to the parent or child, whether the relocating parent is likely to comply with parenting-time orders, whether the move still allows a realistic opportunity for parenting time with both parents, the effect on the child's stability, and the reasons behind the move or the objection, alongside the general best-interest factors under A.R.S. § 25-403.

Can You Move Before the Court Rules?

Not as a default. Limited exceptions allow temporary relocation with less than 45 days' notice when health, safety, or employment circumstances require it, but the requirements differ depending on the existing legal decision-making and parenting-time arrangement, and a parent with substantially equal parenting time needs the other parent's written agreement to relocate early.

What Happens If a Parent Skips the Notice?

Noncompliance can trigger court sanctions, including an order reversing the move, and can factor into custody going forward. It can also support a custody modification request.

Relocation Cases in Phoenix and Maricopa County

Whether you're planning a move or opposing one, our child relocation attorneys handle the notice process, objections, and related child custody issues throughout Phoenix and Maricopa County.