House rejects custody-related bill, a tough call, says Kaine Fisher, Chairman of Rose Law Group Family Law Department

custodyBy Mary Jo Pitzl, The Republic | azcentral.com

The Legislature is wading into the often-contentious turf of custody battles with a bill requiring notification whenever children of divorced parents move.

On Tuesday, the House of Representatives rejected Senate Bill 1038, which would require divorced parents who have custody of their children to give 45-day notice to their former partner before moving more than 10 miles.

But the 22-38 vote will be revisited Thursday, as Rep. Debbie Lesko, R-Peoria, moved to have it reconsidered.

Lesko argued that the bill protects the non-custodial parent from being left in the dark if the child is moved.

Continued: 

Statement by Kaine Fisher: I have been following this legislation closely. If passed, it will significantly change the landscape of how relocation cases are handled in Arizona. There are many pros and cons. I find myself going back and forth on this issue daily. Rep. Eddie Farnsworth, R-Gilbert, argued the bill may look innocuous, but could have harmful effects. He stated:  “If you have a single mother who has an ex-husband who doesn’t really care to stay in contact with his kids, but decides to make it miserable every time they move 10 miles, it puts a burden on that mother.”  But on the other hand, without making any changes to the law as currently written, a parent can make a dramatic move with the child just short of the 100-mile limit, which can have a serious corresponding impact on the other parent’s parenting time.  I’m interested to see what happens.

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