Arizona divorces often lead to major lifestyle changes. People move to new houses and start new relationships. If they share children with their spouses, they have to work out a parenting plan. It can be a very difficult process to negotiate an appropriate division of parental rights and responsibilities.
Typically, both parents in Arizona have a right to spend time with their children and to influence their upbringing. Unfortunately, choices made by one parent can negatively affect the rights of the other. For example, one parent may choose to leave Arizona. Maybe they want to move home to New Mexico to be closer to their parents. Perhaps they have a job offer in Minnesota.
Can one parent leave Arizona with their children after a divorce?
Prior permission is necessary to relocate
Arizona has laws intended to protect the parental rights of adults and ensure that parents act in the best interest of their children. When there is a parenting plan in place, neither parent can relocate a significant distance with the children without prior approval from the other parent or from the court.
If the move may take the children out of Arizona, pre-approval is necessary. The parent who wants to move must provide the other parent with at least 45 days’ advance notice. In fact, even a move within the state may require permission from the courts or the other parent if it involves a distance of 100 miles or more.
What if a parent denies the other permission?
The parent who does not intend to move may object to the proposed relocation. After all, it may significantly inhibit their ability to spend time with their children. If they do not approve of the move, they have 30 days to file with the court to challenge or contest the relocation.
By formally objecting in writing and notifying the courts, the non-moving parent can secure a hearing in family court. A judge can then review the situation to determine if the move is in the best interests of the children. Whether the judge orders that the children may relocation or orders that the children must remain in Arizona, it will likely be necessary to revisit the parenting schedule to ensure that both parents have the opportunity to have frequent, meaningful, continuing contact with the children.
Understanding what happens in parental relocation scenarios can help parents protect their rights. One parent does not get to make a unilateral decision that affects the parenting time of the other absent extreme circumstances or as may be approved by the courts.