Parents with custody of their children wishing to move will have to notify the other parent to give them a chance to object under a bill approved by the Arizona Senate Monday, AP reports.
Current law only requires notice for moves out of Arizona or more than 100 miles.
Republican Sen. Nancy Barto’s bill also requires parents to give a reason and file a copy with the court. If the noncustodial parent objects the custodial parent must seek a court order.
Barto said bill gives non-custodial parents more say in their child’s upbringing.
Democrats say it puts domestic violence victims at risk and could prevent a single parent from buying a house because it requires a 60-day notice.
The bill passed on a 17-12 party-line vote and now goes to the House.
Statement by Kaine Fisher, head of RLG’s Family Law Dept.: I have been made aware that changes to A.R.S. § 25-408 may be coming down the pike. It is a little unclear from this article how the language and effect of the statute will change. I would like to know if the 100 miles limitation is going to be reduced. What I do like is the fact that the non-relocating will no longer have the requirement (at least it appears that way) to initiate a court action to object to the relocation after receiving formal notice from the relocating parenting. As it stands, the non-relocating parent has thirty (30) days to initiate an action with the Court or his ability to prevent the relocation is deemed waived. If these changes are adopted by the House, the entire burden would then be placed on the party attempting to relocate – which is exactly where the burden belongs. The risk of domestic violence (which can happen under any circumstance regarding of how much notice is given) is far outweighed by the need for adequate due process to non-relocating parents. Generally speaking, it is difficult to prevail on a request to relocate. A move has a potentially significant impact on the non-relocating parent’s ability to maintain a meaningful and consistent relationship with his/her children. The law, for very good reason, should instruct Judges to use caution under these circumstances and I don’t think the new changes does anything to disturb this philosophy.
If you’d like to discuss family law, contact with Kaine Fisher, head of RLG’s Family Law Department, kfisher@roselawgroup.com.
