If you want to move from Arizona to another state or more than 100 miles from Maricopa County, you are going to want to talk to an experienced Phoenix relocation attorney to understand your rights during a divorce.
In Arizona if you have a current court order then Arizona Revised Statutes 25-408 governs. ARS 25-408 in conjunction with the best interest factors of ARS 25-403 will govern whether your allowed to relocate or not.
The factors the court must consider are as follows:
- Factors prescribed under section 25-403
- 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 or the other parent’s right of access to the child
- The prospective advantage of the move for improving the general quality of life for the custodial 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
- The potential effect of relocation on the child’s stability
Other factors to be considered:
- Age/Maturity of the child.
- Distance between old home and new home.
- Will this move improve the quality of the child’s life?
For a more detailed explanation please go to ARS 25-408 or call a Phoenix Relocation Attorney at Enholm Law, PLLC today.