Whether your ex can take your child out of Arizona without your permission depends on the reason for the trip, your parenting plan or court orders, and whether your ex is traveling temporarily or attempting to relocate the child to another state.
A short vacation outside Arizona is very different from moving a child’s residence out of state.
If both parents live in Arizona and are entitled by written agreement or court order to joint legal decision-making or parenting time, Arizona law generally requires a parent to provide at least 45 days’ advance written notice before relocating the child outside Arizona. The other parent then generally has 30 days after receiving the notice to petition the court to prevent the relocation.
Temporary travel may be governed by different rules, including the specific terms of your parenting plan.
If you are concerned that your ex intends to take your child out of Arizona and not return, it is important to understand the difference between travel, relocation, and a potential violation of an existing court order.
Can My Ex Take Our Child Out of Arizona for Vacation?
Possibly.
Arizona’s relocation law should not be interpreted to mean that every out-of-state vacation automatically requires 45 days’ notice or permission from the other parent. The relocation statute addresses moving the child’s residence outside Arizona, not simply crossing the state line for a temporary trip.
However, your parenting plan or another court order may contain specific requirements regarding travel.
For example, a parenting plan may address:
- Notice of out-of-state travel
- Vacation schedules
- Travel dates and itineraries
- Contact information while traveling
- Transportation arrangements
- Passports
- International travel
- How vacation time affects the regular parenting schedule
Before assuming your ex can or cannot take your child on a trip, review the actual language of your parenting plan and other applicable court orders.
Can My Ex Move My Child Out of Arizona Without My Permission?
When a parent wants to relocate a child outside Arizona, the rules become much more specific.
Under A.R.S. § 25-408, if both parents live in Arizona and both are entitled by written agreement or court order to joint legal decision-making or parenting time, the parent proposing to relocate the child outside Arizona generally must provide the other parent with at least 45 days’ advance written notice.
The notice must be provided as required by Arizona law, including by certified mail with return receipt requested or pursuant to the Arizona Rules of Family Law Procedure.
The same notice requirement applies when a parent proposes relocating the child more than 100 miles within Arizona.
There are exceptions and additional rules that may apply depending on the circumstances and existing agreements or orders.
What Can I Do If I Don’t Agree With the Move?
Receiving a relocation notice does not mean you have to agree to the move.
Under Arizona law, the nonmoving parent generally has 30 days after notice is made to petition the court to prevent the relocation.
Timing is important.
After that 30-day period expires, a request to prevent the relocation may be granted only upon a showing of good cause.
If you receive notice that your child’s other parent plans to relocate outside Arizona and you oppose the move, waiting to address it can therefore have important consequences.
Who Has to Prove That Moving the Child Is a Good Idea?
When an Arizona court is asked to decide a disputed relocation, the parent seeking to relocate the child has the burden of proving that the relocation is in the child’s best interests.
The court does not decide the issue solely by considering whether the move would be better for the parent who wants to relocate.
The child’s interests remain central.
Arizona law directs the court, to the extent practicable, to make arrangements that allow the child to continue having a meaningful relationship with both parents.
What Does an Arizona Court Consider in a Relocation Case?
Arizona courts consider the child’s best interests when determining whether a relocation should be permitted.
In addition to Arizona’s general best-interest factors, the relocation statute directs courts to consider issues such as:
- Whether the proposed relocation is being made in good faith
- Whether opposition to the move is being made in good faith
- Whether either parent is trying to interfere with the child’s relationship with the other parent
- The potential advantages of the move for the child or relocating parent
- Whether the relocating parent is likely to comply with parenting-time orders
- Whether the move will provide a realistic opportunity for parenting time with each parent
- How moving or remaining in Arizona may affect the child’s emotional, physical, and developmental needs
- The parents’ reasons for supporting or opposing the relocation
- The potential effect of relocation on the child’s stability
The court also considers Arizona’s broader best-interest factors, including the child’s relationships, adjustment to home, school and community, and other circumstances affecting the child’s physical and emotional well-being.
What If We Have 50/50 Parenting Time?
A proposed move can become particularly complicated when parents share substantially equal parenting time.
Moving a child from Arizona to another state could make the existing 50/50 schedule impractical or impossible.
Arizona law contains specific provisions addressing temporary relocation while a relocation dispute is pending. For parents who share joint legal decision-making and substantially equal parenting time, certain expedited temporary relocations based on health, safety, employment, or eviction require a written agreement between the parents.
The details matter, which is why a parent considering or opposing relocation should not assume that having 50/50 parenting time automatically resolves the issue.
Can My Ex Just Move and Deal With the Court Later?
Ignoring Arizona’s relocation requirements can have consequences.
Arizona law provides that a court shall sanction a parent who, without good cause, fails to comply with applicable relocation notification requirements. Any sanction affecting legal decision-making or parenting time must still be consistent with the child’s best interests.
Moving also does not automatically erase an existing parenting order.
Arizona law states that, unless otherwise ordered by the court, the parties must continue complying with current court orders when a child is relocated pursuant to the relocation statute.
What If My Ex Says the Move Is for a Better Job?
Employment can be a legitimate reason for wanting to relocate, but it does not automatically determine whether the child should be allowed to move.
The court must still evaluate the child’s best interests.
A new job could potentially improve a parent’s financial circumstances or the family’s quality of life. On the other hand, moving could significantly reduce the child’s ability to maintain a meaningful relationship with the other parent.
The court considers the circumstances as a whole rather than applying a rule that a better job automatically justifies relocation.
What If My Ex Takes the Child and Doesn’t Bring Them Back?
This is different from an ordinary disagreement about vacation plans.
If your ex takes your child out of Arizona in violation of a parenting order, refuses to return the child as required, or tells you that the child will not be coming back, you may need to address the situation promptly.
Arizona courts have procedures for enforcing legal decision-making and parenting-time orders, and interstate cases can also involve jurisdictional laws governing child custody and enforcement.
Arizona courts must consider the Uniform Child Custody Jurisdiction and Enforcement Act and other applicable jurisdictional law when determining authority over interstate child custody matters.
The appropriate response depends heavily on your existing orders and exactly what has occurred.
What If We Are in the Middle of a Divorce or Custody Case?
Parents should be especially careful about taking children out of Arizona while a family court case is pending.
Depending on the type of case, preliminary injunctions or temporary orders may restrict a parent’s ability to remove a child from Arizona without written consent or court permission.
For example, Arizona law provides for a preliminary injunction in certain cases involving legal decision-making and parenting time for a child born outside marriage. That injunction can prohibit either party from removing a child residing in Arizona from the court’s jurisdiction without the other party’s written consent or permission from the court.
Divorce proceedings can also involve restrictions and temporary orders that affect what parents may do while the case is pending.
Before making assumptions about travel during an active case, review the orders that apply to your particular case.
Does Having Sole Legal Decision-Making Mean I Can Move the Child Anywhere?
Not necessarily.
Having sole legal decision-making authority does not automatically mean a parent can disregard Arizona relocation law, an existing parenting-time order, or another court order.
Relocation can substantially affect the other parent’s parenting time and the child’s relationship with that parent.
The specific terms of your existing orders and the circumstances surrounding the proposed move need to be considered.
What Should I Do If I Think My Ex Is Planning to Move My Child Out of Arizona?
Start by reviewing your parenting plan, legal decision-making order, parenting-time order, and any other applicable court orders.
Try to determine whether your ex is planning a temporary trip or an actual relocation.
If you have received formal relocation notice, pay close attention to the date because Arizona’s statute generally provides a 30-day period to petition to prevent the relocation.
If you believe your child may be removed from Arizona in violation of an existing order or may not be returned, the situation may require more immediate attention.
Talk With a Phoenix Child Custody Attorney About an Arizona Relocation
If your child’s other parent wants to move your child out of Arizona—or you are considering relocating with your child—understanding Arizona’s relocation requirements before the move occurs can be extremely important.
Hernandez Family Law helps parents in Phoenix and throughout Maricopa County with child custody, legal decision-making, parenting time, relocation, enforcement, and modification matters.
Whether you are opposing a proposed move or considering relocating yourself, our team can help you understand how your parenting plan and Arizona law apply to your situation.
Contact Hernandez Family Law to schedule a consultation and discuss your Arizona child custody or relocation matter.
Frequently Asked Questions About Taking a Child Out of Arizona
Can my ex take my child out of Arizona without my permission?
It depends on whether the child is traveling temporarily or being relocated and what your parenting plan or court orders require. Arizona has specific notice requirements for certain relocations outside the state, while temporary travel may be governed by the terms of your parenting plan.
Does my ex need my permission to take our child on vacation outside Arizona?
Not necessarily. Arizona’s relocation statute does not mean that every temporary out-of-state trip requires the other parent’s permission. However, your parenting plan or another court order may contain specific requirements for vacations and out-of-state travel.
How much notice is required to move a child out of Arizona?
When A.R.S. § 25-408 applies, a parent generally must provide at least 45 days’ advance written notice before relocating the child outside Arizona or more than 100 miles within Arizona.
How long do I have to object if my ex wants to move our child out of Arizona?
Under Arizona’s relocation statute, the nonmoving parent generally has 30 days after notice is made to petition the court to prevent the relocation. After that period, a request may be granted only upon a showing of good cause.
Can my ex move our child out of Arizona if we have 50/50 parenting time?
A parent does not automatically have the right to relocate a child simply because the parents share equal parenting time. If the proposed relocation is disputed, the court may need to determine whether the move is in the child’s best interests.
What does an Arizona judge consider when deciding whether a child can relocate?
The court considers the child’s best interests, including the reasons for the move, its potential advantages, its effect on the child’s stability and needs, whether meaningful parenting time with both parents remains realistic, and other factors required by Arizona law.