Relocating with a child in Arizona after a divorce isn’t just a personal decision once a parenting plan exists. Under A.R.S. § 25-408, a parent who wants to move more than 100 miles within the state, or move out of state entirely, has to give the other parent written notice first. Skipping that step can cost far more than the move itself is worth.
The 45-Day Notice Requirement for Relocating With a Child in Arizona
The statute requires at least 45 days’ written notice before the move. Someone has to send it by certified mail, or serve it under the Arizona Rules of Family Law Procedure. This applies whenever both parents share legal decision-making or parenting time and both currently live in Arizona. A short move across town doesn’t trigger it. A move that crosses the 100-mile line, or leaves the state, does — regardless of the reason behind it.
The other parent then has 30 days from receiving notice to file a petition objecting to the move. If no objection comes in, the relocation can proceed as planned. If one does, the relocating parent generally can’t move the child until the court decides the matter.
What Happens if a Parent Skips Notice
Moving without proper notice isn’t a minor technicality. It can result in contempt of court. In some situations, it can support a criminal custodial interference charge. It can also backfire on the underlying relocation request itself. Courts can order the child returned and revisit the existing parenting time or legal decision-making arrangement entirely.
Limited Exceptions Allow a Faster Move
A parent with sole legal decision-making, or primary residential time under a joint arrangement, can relocate on shorter notice if health, safety, employment, or an eviction genuinely requires it. Parents who share both joint legal decision-making and substantially equal parenting time need something more: a written agreement between them before relocating on shortened notice. One parent can’t invoke the exception unilaterally in that arrangement.
How Courts Decide a Contested Move When Relocating With a Child in Arizona
When a relocation is contested, the court applies the same best-interest framework used in any other legal decision-making case, including the eleven factors under A.R.S. § 25-403. The parent asking to relocate carries the burden of proof. They have to show the move serves the child’s best interests, not just their own reasons for wanting to go.
Relocation Triggers the One-Year Modification Rule
A contested relocation that changes the practical parenting time arrangement counts as a custody modification under A.R.S. § 25-411. That means the one-year waiting period between modifications generally applies here too, on top of the 45-day notice requirement. The two rules work together, not as substitutes for each other.
The Bottom Line
Relocating with a child in Arizona comes down to one hard deadline and one real risk. The deadline is 45 days’ notice, and it doesn’t bend for good intentions or a tight moving timeline. The risk is that skipping it doesn’t just create a procedural problem — it can undermine the very custody arrangement the parent was trying to protect by moving in the first place. Notice first, move second, in that order, every time.
Related: read about child custody in Arizona and modifying a custody order, or browse Arizona family law attorney profiles.
Frequently asked questions
At least 45 days' written notice under A.R.S. § 25-408, if the move is more than 100 miles within the state or out of state entirely.
It can result in contempt of court, potentially a custodial interference charge, and a court can order the child returned and revisit the existing custody arrangement.
Yes, in limited situations involving health, safety, employment, or eviction, though parents with substantially equal parenting time need a written agreement to use that exception.
30 days from receiving notice; if they object, the relocating parent generally can't move the child until the court decides the matter.
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This article is general information about Arizona law, not legal advice, and reading it does not create an attorney–client relationship. Relocation cases are fact-specific — confirm how the law applies to your situation with a licensed Arizona attorney.