sBy Howard Fischer | Capitol Media Services/Arizona Daily Star
State lawmakers are moving to throw a hurdle in the path of divorced parents who want to move.
The law now allows a custodial parent to move up to 100 miles without permission of the former spouse. SB 1073 would require the parent to provide notice to the former spouse for any move, no matter how many – or few – additional miles away that would place the child. If the former spouse objects, it would force a full-blown court hearing that could take months, potentially preventing the custodial parent from taking a new job or even buying a house.
Attorney Ellen Katz pointed out that the legislation, as approved Monday by the Senate Judiciary Committee on a 5-4 vote, actually could let a former spouse force a court hearing even if the custodial parent wanted to move closer.
Sen. Nancy Barto, R-Phoenix, said her legislation is designed to create more fairness for noncustodial parents.
Statement by Kaine Fisher, head of RLG’s Family Law Department: “It appears from the article that the change would only apply to an “ex spouse”. Clearly, the legislation should encompass all parents with existing legal decision-making and parenting time orders regardless of their previous marital status. This would include paternity matters when the parties were never married.
“I do believe the 100 mile limitation is too vast and I agree with Keith Berkshire’s sentiments. Even a much shorter move could have a serious impact on a parent’s Parenting Plan. For instance, a trip from Surprise to Mesa during rush hour traffic, although not 100 miles, could potentially pose a significant burden on a parent and infringe upon his/her court-ordered parenting. A parent can always move to modify parenting time based on a substantial and continuing change of circumstances but this process can be long and oftentimes does not adequately or timely address immediate issues. There needs to be some quicker method for a resolution of these issues. I’m also all for significantly reducing the 100-mile limitation. That being said, our family law court system is already clogged so requiring a parent to obtain court approval for any move may be problematic.”
