Relocation and Interstate Custody, Child Support
If you want to relocate with your child, or if you want to challenge a proposed relocation by the other parent,
our interstate custody attorneys will advocate for your parental rights and interests
Since 1959, we have helped parents deal with the
child custody (legal decision-making), visitation, parenting time and child support
and other relocation issues that arise when one parent
wants to move to a different city or state.
Procedures in a Relocation Case
The statutes governing the relocation of minor children are
constantly evolving, and are currently the subject of pending bills in the
Arizona legislature. Under both the existing laws and the proposed changes, it
is imperative that a relocating parent strictly follow all notice and service
requirement to avoid possible sanctions by the Court. Before relocation with
a minor child you should consult with an experienced attorney to ensure that you
are not violating the law and to prepare the best case possible to obtain Court
approval for the proposed relocation.
In deciding a relocation case, the Court considers all of the
parental decision-making factors set forth in
§ 25-403.03, as well as additional factors set forth in
A.R.S. § 25-408(H) to determine whether relocation is
permitted. Our family law attorneys are experienced in both securing permission
from the Court to allow a parent to move with a minor child and also in
obtaining Court Orders to prevent such relocations.
Meeting the Challenges of Interstate Child Custody and Support
Child custody and child support matters involving multiple
states present unique challenges. Typically, Arizona Courts can help enforce
these orders from other states, provided that the proper domestication and
registration procedures are followed. However, modifying existing orders is more
The first issue in interstate modification cases is whether
Arizona has jurisdiction to hear the case. In child custody cases, the Uniform
Child Custody Jurisdiction and Enforcement Act governs the analysis. In child
support cases, the analysis is governed by the Uniform Interstate Family Support
Act. When there are cases pending in two different states, each party typically
needs two attorneys, one in each state, to argue why each state does (or does
not) have jurisdiction to hear the dispute.
Our family law attorneys have substantial experience in
these types of disputes, and are familiar with the statutes and cases that
control these complex legal issues.