When faced with a relocating custodial parent, the court will generally require that parent to give the other parent a minimum amount of notice prior to the anticipated move. In Arizona Child Custody Law, this notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.
These so-called move-away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years. While the best interests of the child in an Arizona divorce have always been central to the decision; the uncertainty has made this area murky. We also highly recommend the assistance of counsel if there exists disagreement between the parents. Issues involving two or more different states are governed by the Uniform Child Custody Jurisdiction Act (UCCJA) and the Federal Parental Kidnapping Prevention Act (PKPA).
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