Co-parenting can be challenging. It requires cooperation, compromise and mutual respect between co-parents. Even good co-parenting relationships can become strained or break down when one parent wants to move with the child.
This is a common scenario. After all, life is filled with change, and any number of situations could occur that require you to relocate. You might have a new job offer or want to move to be closer to your family. Maybe the next county has a better school district that you want your child to attend.
The choice to move is not as simple when you are co-parenting according to a parenting time agreement or order. The simple answer to the question of if you can just pick up and move with your child is no if you want to move more than 100 miles away from your co-parent or out of state.
You must give notice to your co-parent
However, that does not mean you cannot eventually relocate. There are legal requirements and steps you must follow before you can move and there is a chance the court could deny your request to relocate.
Arizona law requires you to provide your co-parent with 60-day notice of your intent to relocate. You must do this through certified mail or according to any other rules imposed by your local family court. You cannot simply tell or text your co-parent telling them that you are going to move.
The purpose of the 60-day notice requirement is to give your co-parent enough time to respond and oppose your move if they wish. This requirement also means that you cannot make a quick and potentially hasty choice to move. Your move must be planned out at least 60 days in advance.
Not giving notice could get you in trouble
This may seem like a minor requirement but it is extremely important that you follow it. The law allows that court to impose sanctions on a parent who moves without providing this notice.
The sanctions can be in the form of reduced parenting time or taking away legal custody rights. If your legal custody is revoked, you would no longer have the power to make major decisions for your child.
If your co-parent does not object to the proposed move in 60 days, you may move. If they object, they must notify you and the court that they oppose the move.
Relocation factors
A hearing is then held. The court examines several factors to determine if you can move with the child. These factors are based on what is in the best interest of your child.
Some of the factors include:
- The benefits of the move
- The likelihood that you will continue to comply with your parenting time order
- The motive for the move
The motive for the move is often a primary factor. A court is more likely to grant a relocation request if the move is for a promising new job rather than because you want to move in with a new partner.
Additional factors include whether the move will realistically allow you and your co-parent meaningful opportunities for parenting time and how the move will affect the child’s stability.
Moving with a child is not a decision that should be made lightly. You should use your 60-day notice period to carefully plan your move and seriously consider if it is the right decision for you and your child.