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December 12, 2023

What factors will a judge consider when deciding whether or not to allow me to relocate with my child?

When deciding whether or not to allow a child to relocate to another state or to move more than 100 miles within the state, the judge will consider the following:

  1. the factors listed in How will a judge make a decision about legal decision-making and parenting time?;
  2. if the relocation is being made (or opposed) in good faith and not for the purpose of trying to interfere with or frustrate the relationship or right of access between the child and the other parent;
  3. if the move will improve the general quality of life for the custodial parent or for the child;
  4. the likelihood that the relocating parent will follow parenting time orders;
  5. if the relocation will allow a realistic opportunity for each parent to have parenting time;
  6. how much moving (or not moving) will affect the emotional, physical or developmental needs of the child;
  7. the motives of the parents and the validity of the reasons given for moving (or opposing the move) including whether either parent may gain a financial advantage regarding continuing child support obligations; and
  8. the potential effect of relocation on the child’s stability.1

1 A.R.S. § 25-408(I)