Custody

If both parents are entitled to joint legal decision-making or parenting time, either by written agreement or by court order, and both parents reside in the state, the moving parent must give the other parent at least 45 days’ notice in writing sent certified mail, return receipt requested if s/he wants to:

• relocate the child to another state; or
• relocate the child more than 100 miles away from his/her current home but still within the state of Arizona.¹

The parent who receives this notice then has 30 days to file a petition in court to prevent the relocation of the child, although the time to file may be extended if the parent can prove there is “good cause” to do so.²

In certain circumstances, the parent may temporarily relocate with the child while the court is deciding the parent’s petition to prevent the relocation - see subsection F of § 25-408 in our Selected Arizona Statutes page to read about these specific circumstances. If you are unsure about whether or not you can move while the court case is pending, please talk to a lawyer first.  See our AZ Finding a Lawyer page for legal referrals. Note: If a child is relocated under this law, all parties must continue to follow the current court order, regardless of the distance moved or the notice required, unless otherwise ordered by the judge.³

¹ A.R.S. § 25-408(A)
² A.R.S. § 25-408(C)
³ A.R.S. § 25-408(E)