Late Objection to Child Relocation Notice in AZ | Hildebrand Law, PC

Wed 6th Jun, 2018 Arizona Child Custody Laws

The Arizona Court of Appeals in a memorandum decision in the case of Jurgens vs. Jurgens addressed whether an Arizona trial court may set a hearing to allow a parent to object to the other parent’s relocation of a child when he filed a late objection to child relocation in Arizona.

The Court of Appeals stated Mother and Father were married in 2006 and had one minor child together in 2013. Although not originally from Yuma, at the time of the relocation hearing parents had each been employed as teachers in Yuma for more than a dozen years. Father additionally regularly coached high school basketball and golf, which impacted his schedule during those seasons.

The Court of Appeals stated that during the marriage, the mother obtained her master’s degree in the hope that she could one day secure an administrative position or an assistant principal job. Parents were divorced by consent decree in 2015 and the two amicably shared joint legal custody of their daughter until February 2017. Sometime thereafter, Mother informed Father in an email that she intended to relocate with their child. Father filed a Petition to prevent Mother from relocating their child.

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Consideration of a Late Objection to Child Relocation

The Court of Appeals stated Mother argued Father’s petition to prevent location was not filed within the time parameters of the statute. The Court of Appeals ruled that it found that good cause existed to allow Father a hearing on his petition and found that it was responsive to mother’s notice of intent to relocate, although filed four days before mother officially served him with the letter. It also found no prejudice to Mother in doing so.

Ruling on Father’s Late Objection in an Arizona Relocation Case

Filing a Late Objection to a Child Relocation Notice in Arizona

The Court of Appeals stated Section 25–408 sets out the process a parent who shares parenting time or legal decision-making must follow before relocating a child. Pursuant to A.R.S. § 25–408(A) and (B), a parent who wants to move a child out of state or more than 100 miles within the state, must give the other parent 45 days’ written notice, generally by certified mail. Within thirty days of that notice, the other parent may file a petition with the court to prevent relocation. A.R.S. § 25- 408(C). After thirty days, any petition to prevent relocation may be “granted only upon a showing of good cause.”

The Court of Appeals stated the family court found that Father had substantially complied with the procedural requirements of A.R.S. § 25-408(C) and had good cause for the late service of his petition to prevent Mother’s relocation of their child. The Court of Appeals also indicated that the trial court found no prejudice to Mother as to the late service as she had sufficient time to find counsel and to prepare for the hearing. The Court of Appeals indicated that the statute that a petition to prevent relocation of a child may, even if filed late, may be granted upon good cause pursuant to A.R.S. 25-408(C).

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The Court of Appeals stated the Court of Appeals stated that In deciding a request for relocation, the court must make findings including addressing whether the move is in the child’s best interests after consideration of “all relevant factors”. The Court of Appeals ruled that In light of the evidence in the record, the family court did not abuse its discretion in finding the mother didn’t carry her burden of proof to relocate.

If you have questions about a late objection to a child relocation notice in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody and family law attorneys have decades of combined experience successfully representing clients in child custody and family law cases.

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