Relocation

If by written agreement or court order both parents are entitled to custody or parenting time and both parents reside in Arizona, at least 60 days’ advance written notice must be provided to the other parent before a parent may either relocate the child outside of Arizona, or relocate the child more than 100 miles within the state.

Notice to the other parent of the intent to relocated must be made by certified mail, return receipt requested, or by service of process.

Within 30 days after notice is made the nonmoving parent may petition the court to prevent relocation of the child. After 30 days is expired, any petition to prevent relocation of the child may be granted only on a showing of good cause.

A parent seeking to relocate with the child may petition the court for a hearing to permit relocation.

The court determines whether to allow the parent to relocate the child in accordance with the child’s best interests. The burden of proving what is in the child’s best interests is on the parent who is seeking to relocate the child. There are 8 factors set forth in the relocation statute which the court must consider in determining the child’s best interests.