Buckeye, AZ asked in Family Law for Arizona

Q: Is there a law in AZ on how far a parent can live from a childs school?

My ex and I have 50/50 joint custody that we agreed upon in 2017 in mediation, before that I had full custody and he had alternative weekends. I have final descion making. He moved 50 miles away from me/the children's school. I am primary residential parent and have been since 2016 divorce. Is there a law on how far a parent can live from the child school in Maricopa County? I have been asking him constantly to let me have school days since the children have to drive three freeway systems and over an hour every morning and an hour at night to his new residence. I believe this is detremental.

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1 Lawyer Answer
Jay Hall
Jay Hall
  • Scottsdale, AZ
  • Licensed in Arizona

A: No, there is no law that imposes any maximum distance or commute time. It would be your burden to prove specifically how the commute is detrimental and that the detriment is more significant than any detriment that would result from modification of the parenting schedule. Based only on what you provided, it will be very challenging. If you can obtain attendance records that show the children are regularly late to school during the other parent's parenting time or that their academic performance suffers on those days, that would really help you.

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