Factors Arizona Courts Look at in Deciding Child Relocation Issues

In the last year I have seen a great upswing in Arizona child relocation issues.  Perhaps this is a result of our economy and the fact that a lot of people are in job transition.

Arizona has a statute, A.R.S. 25-480,  that deals directly with the child relocation issue.  

The statute comes into play when a parent wants to relocate with a child either out of the state or more than 100 miles away.

In determining whether to grant a request for relocation, the Court focuses on what is the best interests of the child(ren). 

The factors include:

1. Those set out in ARS 25-403 (best interest factors in determining custody);
2. 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;
3. The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child;
4. The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders;
5. Whether the relocation will allow a realistic opportunity for parenting time with each parent;
6. The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child;
7. The motive 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
8. The potential effect of relocation on the child's stability.

Overall, it is has been my experience that the Court is predisposed against relocation, mostly because it typically greatly reduces the parenting time of the non moving parent.  As such, I counsel clients attempting to relocate that to be successful they need to have some real compelling reasons for the move and a plan to facilitate ample parenting time with the other parent.

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com