If you share custody of your child with his or her other parent, then it can create a difficult situation if you want to move out of Arizona with your child. You have to consider the other parent and his or her relationship with your child because the court will consider that. According to the Arizona State Legislature, if you want to move out of state with your child, the court will have to make sure that it is in your child’s best interests.
The court wants to ensure that your child will be able to maintain the relationship with the other parent. It also will make sure there is an acceptable reason for the move and the motive behind the move is acceptable. Ideally, the move will have a positive impact on the child’s well-being and quality of life.
If you want to move, you must provide the other parent with a written notice sent by certified mail with a receipt at least 45 days before the planned move date. If you do not abide by this rule, you could face penalties from the court. It may be possible for you to move before the 45 days are up if the other parent gives you written permission to do so.
The other parent has 30 days to respond to the notice and petition the court to prevent the relocation. If he or she does not respond within 30 days, then the court will require a good reason for an objection to the move.
Keep in mind that after the move, you must comply with the current parenting time order unless you petition the court for a modification and the court grants it. This information is for education and is not legal advice.