Can I Move Out of State with My Kids After a Divorce?
Life after a divorce is a journey of rebuilding. You might receive a promising job offer in another state, feel the pull to be closer to your family for support, or simply crave a fresh start in a new environment.
These are all valid reasons to consider a significant move. But when you share children with your former spouse, the desire to relocate raises a fundamental and often complex question: can you legally move out of state with your kids?
Dealing with this situation in Arizona requires careful planning and a clear understanding of the law. It’s a stressful path, especially when balancing your needs with your children’s well-being. Speaking with a child custody attorney in Phoenix, AZ can help you navigate the legal steps and protect your parental rights.
Arizona’s Relocation Laws
In Arizona, the law has specific rules about a parent moving with their child. This is legally referred to as “relocation.” Relocation is a move that is either out of state or more than 100 miles within Arizona.
The law that governs this process is designed to protect the child’s relationship with both parents. You cannot just pack up and move if you have a court order for legal decision-making or parenting time.
The law requires you to provide advance written notice to the other parent.
Here are the basic requirements under the law:
- Written Notice: You must give the other parent at least 45 days’ advance written notice before you plan to move.
- Delivery: This notice has to be sent by certified mail, with a return receipt requested. This creates a legal record that the notice was sent and received.
- Legal Action: The other parent then has a specific timeframe to file a petition with the court to prevent the move if they disagree with it.
Failing to follow this process can have serious consequences. A judge could order you to move back to Arizona, make you pay the other parent’s attorney fees, and even change your existing custody orders in a way that is not favorable to you.
What Happens if Both Parents Agree on the Move?
The simplest path forward is when both parents agree the move is a good idea. Perhaps the other parent also sees the benefit of the new job opportunity or understands your need to be near family.
Even with a verbal agreement, however, protecting yourself and your child is critical by making it legally binding. A handshake deal is not enough and can lead to serious problems later.
If you and the other parent agree, you must formalize it. This typically involves these steps:
- Draft a Written Agreement: Together, you should create a detailed written document, often called a “stipulation,” that outlines the terms of the move. This should include the new parenting time schedule, how holidays will be divided, and who will be responsible for transportation costs for visitation.
- File with the Court: This written agreement must be filed with the same court that handled your divorce or custody case, which for many in our area is the Maricopa County Superior Court.
- Obtain a New Court Order: A judge will review the agreement and, if it seems reasonable and in the child’s best interests, sign it. This turns your private agreement into an official, enforceable court order.
Getting a new court order is the only way to ensure the relocation is permanent and legally protected. It provides clarity and prevents future disputes about what was or was not agreed upon.
What if the Other Parent Objects to the Move?
It is very common for the non-moving parent to object to the relocation. They may worry that the move will harm their relationship with the child or disrupt the child’s life.
If you provide your 45-day notice and the other parent files an objection with the court, the move cannot happen until a judge decides. The court will schedule a hearing or trial to determine whether to approve or deny your request to relocate.
The entire case will center on one guiding principle: the “best interests of the child.” This legal standard means the judge’s decision will not be based on what you or the other parent wants.
Instead, the judge must focus entirely on what is best for the child’s health, safety, and overall welfare. The court will presume that it is in the child’s best interest to have a strong relationship with both parents, so the parent wishing to move has the responsibility to prove that the move is, in fact, what is best for the child.
The “Best Interests of the Child” Standard: What Does the Court Consider?
When a judge decides on a relocation case, they look at a specific set of factors outlined in Arizona law. They weigh these factors to determine if the benefits of the move for the child outweigh the potential harm of disrupting the relationship with the other parent and their current life in Arizona.
A judge will carefully evaluate the following:
- The Reasons for Moving: The court will want to know why you want to move. Is it for a fantastic job, to be near a critical support system of family, or for an educational opportunity for you or the child? A move motivated by a genuine opportunity is viewed more favorably than one that seems designed to frustrate the other parent’s relationship with the child.
- The Reasons for Objecting: The judge will also consider the other parent’s motives. Are their concerns legitimate and focused on the child’s well-being, or are they objecting simply to control you or punish you?
- The Advantages of the Move: What are the real, tangible benefits for the child in the new location? This could include a better school, safer neighborhood, more extracurricular activities, or a higher quality of life.
- The Impact on the Other Parent’s Relationship: This is a major factor. The court will analyze how the move will affect the child’s relationship with the non-moving parent. Will they still be able to see each other regularly?
- A Realistic Long-Distance Parenting Plan: You must present a workable plan for maintaining the child’s relationship with the other parent. This plan should detail how parenting time will work, including long summer visits, school breaks, and holidays. It should also address how travel expenses will be handled and how communication through phone calls and video chats will be maintained.
- The Child’s Ties to Arizona: The court will consider the child’s connection to their current home, school, and community. A child who is deeply involved in local activities, has strong friendships, and a close bond with family members nearby, perhaps grandparents living in Sun City or cousins in Mesa, has deeper roots that the court will be hesitant to disturb.
- The Child’s Preference: If the child is of a suitable age and maturity level, the judge may consider their wishes. However, the child’s preference is just one factor among many and is not the deciding one.
Building a Strong Case for Relocation
If you have to go to court, being well prepared is essential. You need to present a clear, compelling case to the judge that shows the move is in your child’s best interest.
Simply wanting to move is not enough; you must provide evidence.
Here are some proactive steps you can take to build your case:
- Document Everything: Gather proof of your reasons for moving. This includes a written job offer with salary details, information about the cost of living in the new city, and details about the family members you will be living near.
- Research Your New Location: Create a detailed profile of the life you plan to provide for your child. Research specific schools and their ratings. Find information on local parks, sports leagues, and community centers. Have a plan for housing.
- Propose a Detailed Parenting Plan: Do not wait for the judge to ask. Present a thoughtful, detailed long-distance parenting plan that shows you are committed to fostering your child’s relationship with the other parent. The more detail you provide, the more seriously the court will take your request.
Facing a court battle over your child can feel like an uphill climb, especially when you’re just trying to build a better future. A dedicated legal advocate can help you present your case effectively and ensure your voice is heard.
FAQ
What happens if I want to move less than 100 miles away, but it’s to a different school district?
Even if a move is under 100 miles, if it significantly impacts the other parent’s ability to exercise their parenting time as the court orders, you may still need to seek an agreement or a court order.
For example, moving from one side of the Valley to the other, like from Queen Creek to Peoria, could make a mid-week dinner visit impossible. It’s always best to communicate and formalize any significant change.
How much does the child’s opinion actually matter to the judge?
The weight a judge gives to a child’s preference depends heavily on the child’s age and maturity. The opinion of a 16-year-old will likely be considered more seriously than that of a 7-year-old.
However, a judge will also try to determine if the child’s preference is genuine or if one parent has influenced them. It is one piece of the puzzle, not the final word.
What if I am in the military and have received Permanent Change of Station (PCS) orders?
Military relocation is a unique situation. While you still need to notify the other parent and follow court procedures, judges understand that military orders are not a choice.
The focus will likely shift to creating the best possible long-distance parenting plan to accommodate the non-negotiable move. Arizona has specific laws to protect the parental rights of service members.
Does the other parent’s history, like domestic violence or lack of involvement, affect a relocation case?
Yes, absolutely. The court’s primary duty is to protect the child. If there is a documented history of domestic violence, substance abuse, or neglect by the other parent, the court will take that into serious consideration.
Likewise, if the objecting parent has rarely used their parenting time in the past, their objection to the move may carry less weight.
How long does it typically take to get a court decision on relocation?
The timeline can vary greatly depending on the court’s calendar and the complexity of your case. After an objection is filed, it can take a few months to over a year for a judge to make a final decision.
Start the process as early as possible because you cannot move until the matter is resolved.
If the move is approved, will I have to pay for all the travel costs for visitation?
Not necessarily. The allocation of travel costs is something the judge will decide. The court can order the parents to share the costs, or it might assign the responsibility to one parent. This decision is often based on each parent’s financial situation and the reason for the move.
Charting a New Course for Your Family
Deciding whether to relocate with your child is one of the most significant choices you will make as a parent after a divorce. The legal process is complex, and the emotional stakes are incredibly high.
At the Law Office of Cosmas Onyia, we understand the delicate balance between pursuing new opportunities and protecting your child’s stability. We provide compassionate guidance and tenacious advocacy for parents navigating these difficult decisions.
Our family lawyers help you understand your rights and work to build a strong case that reflects your family’s best interests. If you are considering a move and need to know your options, please reach out.
Contact the Law Office of Cosmas Onyia today at (602) 265-5200 to discuss your situation and learn how we can help you plan for your family’s next chapter.
