Parental Relocation After Divorce

Protecting Parental Rights During Relocation Requests

Protecting Your Rights When Life Takes You Somewhere New

Life moves fast. New job opportunities arise. Family needs shift. Sometimes, after a divorce, one parent needs or wants to move to another city, state, or even across the country. But when children are involved, relocation isn’t just a personal decision—it’s a legal matter.

At Hernandez Family Law, we help parents navigate the complexities of parental relocation in Arizona. Whether you’re the parent seeking to move or the parent concerned about the impact of a move on your relationship with your child, we’re here to protect what matters most.

What Is Parental Relocation?

In Arizona, relocation refers to a parent with primary physical custody (or equal parenting time) moving the child:

  • More than 100 miles within the state, or
  • Out of state altogether

Even if you have full custody, you cannot relocate your child without either:

  1. Agreement from the other parent, or
  2. Permission from the court
What Is Collaborative Divorce?
Why Choose Collaborative Divorce?

Thinking About Moving? Here's What You Need to Know

If you’re considering a relocation, Arizona law requires you to:

  • Give at least 45 days’ advance written notice to the other parent 
  • Allow time for the other parent to object or request a hearing
  • Show that the move is in the child’s best interest

The court will consider many factors, including:

  • The reason for the move (job, family, education, etc.)
  • The impact on the child’s relationship with both parents
  • The child’s adjustment to home, school, and community
  • The ability to preserve the non-moving parent’s time and involvement
  • Whether the move is being proposed or opposed in good faith

We can help you build a strong case—whether you’re requesting the relocation or objecting to it.

Objecting to a Relocation? You Have Rights Too

Who Is a Good Candidate for Collaborative Divorce?

If you’re the non-moving parent and you’ve received a relocation notice, you have the right to challenge it in court. You must act quickly—typically within 30 days—to object and request a hearing.

We’ll advocate for your continued involvement in your child’s life and present the court with compelling reasons why relocation may not serve your child’s best interest.

What Happens If the Parents Disagree?

If both parents do not agree to the move, the court will hold a relocation hearing. Each side will present evidence, and a judge will decide whether the move should be allowed based on the child’s best interest.

These cases can be emotional and high-stakes. You need an attorney who understands how to prepare and present a persuasive argument—someone who knows how Arizona judges evaluate relocation requests.

That’s what we do at Hernandez Family Law.

What Issues Can Be Resolved Collaboratively?
What Issues Can Be Resolved Collaboratively?

What If You Move Without Court Approval?

If a parent relocates with the child without proper notice or court approval, it can lead to serious legal consequences, including:

  • Being held in contempt of court
  • Modification of custody orders
  • Criminal charges in extreme cases

If you’re unsure about your rights or obligations, consult with us before taking any action.

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Ready to Talk?

Contact us today for a confidential consultation. We’ll explain how the process works, help you determine if it’s right for your situation, and guide you toward the path that best supports your family’s well-being.

 

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