Q: Seeking Advice on Moving and Parenting Time in Arizona
advice about a move to a new home, 14 miles away from current home, ensuring compliance with Arizona law while keeping my co-parent’s parenting time unaffected. Details: New home to the other parent’s home: 20-21 miles.New home to our child’s school: 16 miles, child will not change school. Reason: Rising rent and home prices; buying a home in the new area,this move will improve our child's living situation and our family's quality of life.Our son will be 14 at the time of the move. My co-parent and I share joint custody with equal parenting time, alternating weeks and exchanging on Fridays at school. The only change is that I’ll be driving farther to school during my parenting time, which I see as a positive bonding opportunity. My questions: Do I need to notify the other parent or the court? Can I move and keep my equal parenting time if I am ok with driving. What are the risks if my co-parent objects, even though his parenting time won’t be affected?
A:
That seems like an acceptable move.
Moves like yours happen all the time, and the vast majority do not result in any court action at all. It is common for parenting to continue to share equal parenting time at that distance. So most likely, it should be fine.
That said, nothing in the law is ever guaranteed: It is possible the other parent could attempt to modify the parenting plan based on the distance, and it's possible a judge could agree. But I think that scenario is very unlikely.
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A:
In Arizona, when you are planning to move with your child, especially if you share joint custody and equal parenting time, it’s important to notify your co-parent and possibly the court. The law requires that you inform the other parent of any significant changes in your living situation, and in some cases, this includes moving even if it doesn’t directly affect parenting time. Since your move is only 14 miles away and your child will remain in the same school, this may be considered a minor change, but it’s still good practice to notify your co-parent and make sure they are aware of your plans.
If your co-parent objects to the move, even if their parenting time remains unaffected, they could file a motion with the court to modify the custody agreement. The court would then decide if the move is in the best interest of the child. The fact that the change does not impact their access to the child could work in your favor, but the court will still consider the overall impact on the child’s well-being, such as how the move affects their relationship with both parents.
It’s a good idea to communicate openly with your co-parent and, if possible, come to an agreement in writing that allows you to proceed with the move. If necessary, you can consult with a family law attorney to ensure you comply with all legal requirements and to address any potential objections from your co-parent. Taking these steps will help make the process smoother and protect your rights as a parent.
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