Pursuant to §25-408, if by written agreement or court order both parents are entitled to custody or parenting time with the minor child, and both parents reside in the state, at least sixty days' advance written notice shall be provided to the other parent before a parent may relocate the child outside the state or relocate the child more than one hundred miles within the state.  The notice must be made by certified mail, return receipt requested, or pursuant to the Arizona Rules of Family Law Procedure.

Within thirty days after notice is made, the nonmoving parent may petition the court to prevent relocation of the child.  After expiration of thirty-day timeframe, any petition to prevent relocation of the child may be granted only on a showing of good cause.

Pending a court's determination by that a petition to prevent relocation of the child, a parent with sole custody, or a parent with joint custody and primary physical custody, who is required by circumstances of health or safety or employment of the parent or the parent's spouse to relocate in less than sixty days after written notice has been given to the other parent may temporarily relocate with the child.  A parent who shares joint custody and substantially equal parenting time who is required by circumstances of health or safety or employment of that parent or that parent's spouse to relocate in less than sixty days after written notice has been given to the other parent may temporarily relocate with the child only if both parents execute a written agreement to permit relocation of the child.

The court shall determine whether to allow the parent to relocate the child in accordance with the child's best interests.  The burden of proving what is in the child's best interests is on the parent who is seeking to relocate the child.  To the extent practicable, the court will also make appropriate arrangements to ensure the continuation of a meaningful relationship between the child and both parents.

In determining the child's best interests the court shall consider all relevant factors including: The factors set forth in Arizona Revised Statute §25-403 (governing custody determinations); 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; the prospective advantage of the move for improving the general quality of life for the moving 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; and the potential effect of relocation on the child's stability.

Relocation cases are among the most difficult of all Family Law cases.  There is generally no middle ground: One parent wishes to relocate the minor child, potentially interfering with the other parent's relationship with the child; one party seeks to prevent a relocation that may improve the moving parent's opportunities and quality of life.  As such, many factors must be deeply considered and thoroughly presented in order to effectively represent the client's interest.

If you have questions please don't hesitate to contact Jennifer W. Shick and Shick Law Offices L.L.C. today for a free initial consultation.  We're here to help!