When the Child Relocation Statute Does Not Apply in Arizona

Tue 22nd Dec, 2015 Arizona Child Custody Laws

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Arizona has a statute that applies when a parent wants to relocate their children. Still, there are times when the child relocation statute does not apply.

The law that applies to relocating a child is in Arizona Revised Statute 25-408. A parent must provide sixty days prior written notice to the other parent if they intend to relocate with the child and that relocation is more than 100 miles from their home.

However, they are only required to provide that notice if both parents live in Arizona and the court has issued child custody orders.

In considering the following case, the Arizona Court of Appeals in the case of Buencamino v. Noftsinger had to determine if there are times when the Arizona child relocation statute does not apply.

Mother’s Relocation from Arizona to Maryland Without Her Child

Father Files a Paternity Action in Arizona

In December 2006, the father filed a paternity action seeking sole custody. The father had the mother served with his paternity case in Maryland in February 2007. She failed to file a response promptly, so the father applied for default.

Later, the mother failed to appear at the Resolution Management Conference. The family court noted the default, and a temporary order was issued granting sole custody to the father. The court order did not order parenting time for the mother.

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Mother files a Petition for Custody and Parenting Time

A trial occurred for the case in January 2008. The family court entered an order providing joint custody and equal parenting time. After that, the father filed a motion for a new trial. The court denied the father’s request for a new hearing. The father filed a Notice of Appeal to the Arizona Court of Appeals. The Arizona Court of Appeals court had jurisdiction to hear that appeal.

Judge Does Not Apply the Arizona Child Relocation Statute

The judge’s order did not include addressing any of the factors contained in the Arizona child relocation statute. The mother wants to relocate with the child to Maryland. The father wants to continue residing with the child in Arizona. The father argues that this was the wrong way of handling the issue as this is a “relocation” case.

The judge’s order did not include addressing any of the factors contained in the Arizona child relocation statute. The mother wants to relocate with the child to Maryland. The father wants to continue residing with the child in Arizona. The father argues that this was the wrong way of handling the issue as this is a “relocation” case.

Arizona Child Relocation Laws Only Apply When Two Requirements Are Met

The Arizona child relocation statute requires two things before the child relocation law applies. Specifically, there must be a written agreement or a child custody order, and both parents must live in Arizona. In reviewing the relocation provisions of the statute, it is essential to pinpoint the legislature’s intent and any qualifying factors.

In the case of Buencamino v Noftsinger, neither prerequisite existed at the time of the court ruling. There was no written agreement or custody order outlining custody and parenting time for both parents. The temporary order obtained by the father included no mention of mothers parenting time. Also, at the time of the action, the mother was already residing in Maryland, so both parents are not residents of Arizona.

Because of these facts, the statutory prerequisites for applying the relocation provisions in the law did not exist in this case. Therefore, the family court was not required to consider the relocation requirements or make any particular findings following the factors described in the law.

Contact Our Arizona Child Relocation Attorneys

Are things not going well in your Arizona child relocation case? In so, 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 relocation cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your child custody relocation case around today.

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