Relocation after getting divorced in Arizona is possible but complicated if you have children with your former spouse. The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) dictates most interstate custody issues. In Arizona, custody is called “legal decision -making,” while the actual time a parent spends with his or her child is called “parenting time.” The importance of the UCCJEA is plentiful; the Act dictates that whatever state court entered orders concerning the minor children, shall maintain exclusive and continuing jurisdiction over them; thus considered the home state of the minor children. The home state remains indefinitely; as long as at least one parent remains in the state; and/or Arizona was the home state within six months of the initial legal action in the state. UCCJEA is paramount in situations of parental abduction, where one parent flees the state with the children, then attempt to claim jurisdiction in another state.
When deciding to relocate, there are several factors to consider. First, you must remember that Arizona has exclusive and continuing jurisdiction over your minor children until your children are absent from the state for at least six months. In order to move over 100 miles away within Arizona, or move to another state, you must either get permission from your former spouse or the court. Relocating is often the right idea, whether for a better job opportunity or remarriage, if your former spouse does not agree, you will need court permission, and the court will need evidence that the move is in your children’s best interests; not only yours. The court will also need evidence that your move is not intended to frustrate the other party’s relationship with the minor children; and that you will encourage and maintain the children’s relationship with the other parent.
If you are planning to move 100+ miles within Arizona, or out of state, you must provide written notice to the other parent by certified mail within 45 days of your intent to move. The notice must include information about the intended location, address and contact information. After giving the other parent notice, that parent has thirty days to file an objection with the court. Prior to granting or denying a petition for relocation, the court will consider the following factors under A.R.S. § 25-408:
- The factors prescribed under A.R.S. § 25-403 (best interest factors).
- Whether the relocation is being made or opposed in good faith and not to interfere with or to frustrate the relationship between the child and the other parent or the other parent’s right of access to the child.
- The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child.
- The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders.
- Whether the relocation will allow a realistic opportunity for parenting time with each parent.
- The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child.
- The motives of the parents and the validity of the reasons given for moving or opposing the move including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations.
- The potential effect of relocation on the child’s stability.
Speak To Your Attorney First
Before even mentioning relocation to anyone you need to speak with your attorney first to determine whether possible. Make no mistake, getting the ball rolling on this can stir up a hornet’s nest with your ex, especially if they are still hurting from the divorce. They may do everything they can to keep you from moving and if you share equal parenting time, the courts will need sufficient evidence that relocation is in your children’s best interests.
Your attorney will review your situation, the divorce agreement or decree, and any subsequent modifications to advise whether a relocation is a realistic option. If you were divorced two years ago and your partner rarely sees the children, does not contribute financially and has shown minimal involvement, you will have an easier time getting court approval.
You May Have To Convince The Courts
Can you show the court that you will help facilitate your children’s relationship with the other parent? Can you demonstrate the move is not to frustrate that relationship? Is the move to a better school district? Greater income isn’t enough, and you have to show that the move will best serve your children.