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- Understanding A.R.S. § 25-408: Arizona’s Relocation Statute
- What If There Is No Custody Order in Place?
- Emergency Relocation: When Is It Allowed?
- How Courts Decide Relocation Requests: A.R.S. § 25-403 Factors
- Comparison: Relocation for Unmarried vs. Divorced Parents
- FAQs About Relocation for Unmarried Parents
- Important Things to Remember
- Contact a Family Law Attorney from CHM Law
Raising a child as an unmarried parent comes with unique legal and practical challenges—especially when one parent considers relocating out of Arizona. While a move might be necessary for a new job, family support, or better living conditions, it can also dramatically affect parenting time and the other parent’s rights. Because Arizona law prioritizes the best interests of the child and both parents’ involvement, relocating without the court’s permission could have serious legal consequences.
Whether you already have a court order for legal decision-making and parenting time, or you are just beginning the legal process, this article will help you understand your rights and responsibilities. Arizona law sets specific requirements for relocation, particularly when parents live far apart or out of state. The rules apply to both divorced and unmarried parents, but the process often differs depending on whether a court order exists.
If you’re thinking about moving out of state with your child—or concerned about your child’s other parent doing so—you need to know how Arizona law treats parental relocation. This article will break down the key statutes, explain what the court considers when deciding whether to allow the move, and show how the experienced family law attorneys at Colburn Hintze Maletta (CHM Law) can help protect your rights and your relationship with your child.
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Can an Unmarried Parent Move Out of State with a Child?
Understanding A.R.S. § 25-408: Arizona’s Relocation Statute
Arizona Revised Statutes § 25-408 governs parental relocation. If both parents have joint legal decision-making or parenting time rights, and the move is more than 100 miles within Arizona or out of state, the parent wishing to relocate must give at least 45 days’ written notice to the other parent.
This statute applies regardless of whether the parents were ever married.
Once notice is given, the non-moving parent has 30 days to object by filing a petition with the court. If the court finds that the move is in the child’s best interests, it may allow the relocation. Otherwise, it can block the move and even modify parenting time if necessary.
Key points under A.R.S. § 25-408:
- Applies to both married and unmarried parents with legal custody orders
- Requires 45-day advance written notice
- Applies to out-of-state moves or moves 100 miles or more within Arizona
- The court may issue temporary orders to prevent or permit the move
Violating this statute by moving a child without notice or permission can result in serious consequences, including contempt of court and loss of parenting time.
What If There Is No Custody Order in Place?
For unmarried parents without a court order, the legal situation becomes more complicated. Under A.R.S. § 25-401, an unmarried mother has legal decision-making by default, but that does not grant unconditional freedom to relocate across state lines.
Interstate moves are subject to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), found in A.R.S. §§ 25-1001 through 25-1067. More specifically, A.R.S. § 25-1032 allows Arizona courts to exercise temporary emergency jurisdiction or order the return of a child if the out-of-state relocation was improper and challenged by the other parent.
Fathers who wish to prevent relocation should act quickly to:
- Establish paternity legally (A.R.S. § 25-812 or § 25-814)
- Petition for parenting time and legal decision-making
Until the court issues a legal custody order, the relocating parent may have more immediate authority. However, unilateral relocation is risky and may prompt a court to intervene, especially if the move obstructs the other parent’s potential involvement.
Emergency Relocation: When Is It Allowed?
There are situations where a parent may need to relocate immediately for safety, such as fleeing domestic violence or protecting the child from imminent harm. In these cases, the parent may move temporarily without the 45-day notice, but must still promptly inform the court and file a motion for emergency orders.
Arizona courts take these situations seriously and will consider whether the relocation was justified. If a parent relocates under false pretenses or delays in seeking legal orders, it could impact future custody decisions.
The best approach in emergency cases is to:
- File for emergency temporary orders immediately
- Document any threats or dangers
- Work with an experienced family law attorney to avoid mistakes that could jeopardize your rights
How Courts Decide Relocation Requests: A.R.S. § 25-403 Factors
When deciding whether to allow an unmarried parent to move out of state with a child, Arizona courts refer to the best interest of the child standard in A.R.S. § 25-403. This statute lists factors that judges must consider, including:
- The past, present, and future relationship between parent and child
- Each parent’s ability to provide a stable home
- The child’s adjustment to home, school, and community
- Whether one parent is more likely to allow meaningful contact with the other parent
- Mental and physical health of all parties involved
- Any history of domestic violence or substance abuse
The court weighs these factors along with any specific concerns about the proposed move, including:
- How the move benefits the child
- How feasible long-distance parenting would be
- Whether the move is being made in good faith or to interfere with the other parent
Ultimately, the court’s decision depends on whether the relocation supports the child’s emotional, educational, and physical needs while maintaining a relationship with both parents.
Comparison: Relocation for Unmarried vs. Divorced Parents
Relocation rights depend more on the existence of a custody order than on marital status. However, there are notable differences:
- Divorced Parents: Typically have established parenting plans. A move requires 45-day notice under A.R.S. § 25-408.
- Unmarried Parents With Court Orders: Treated the same as divorced parents under the relocation statute.
- Unmarried Parents Without Orders: The mother has legal decision-making by default under A.R.S. § 25-401, but relocation is subject to the UCCJEA and review under A.R.S. § 25-1032.
Because of these differences, unmarried fathers may face greater challenges in preventing a relocation if they have not yet gone to court. Mothers who move without an order in place may later face legal action if the move negatively impacts the child or was done to cut off the other parent.
FAQs About Relocation for Unmarried Parents
⑴ Can I move out of Arizona with my child without the father’s permission?
If there is no court order and paternity hasn’t been established, Arizona law gives the mother legal custody. However, interstate moves are still subject to review under the UCCJEA and may be reversed if challenged.
⑵ What if the father objects to the move after I leave the state?
He can file a petition to establish paternity and request the child return to Arizona. Under A.R.S. § 25-1032, the court may assert jurisdiction and order the child’s return if the move was improper.
⑶ Can I stop my child’s other parent from moving if we were never married?
Yes—if you have legally established paternity and parenting rights through a court order. Otherwise, you may need to act quickly to secure those rights.
⑷ Does A.R.S. § 25-408 apply to me if we were never married?
Yes, it applies as long as both parents have legal decision-making or parenting time rights under a court order.
⑸ What happens if a parent violates the relocation statute?
They could be held in contempt, lose parenting time, or even face criminal interference charges under A.R.S. § 13-1302.
Important Things to Remember
- A.R.S. § 25-408 governs moves of 100+ miles or out of state
- Notice and court approval are required if both parents have parenting rights
- Unmarried mothers have default custody under A.R.S. § 25-401 if no order exists
- Interstate moves are subject to the UCCJEA and A.R.S. § 25-1032
- Fathers must establish paternity to gain legal rights
- Emergency moves may be allowed with court approval
- Courts use A.R.S. § 25-403 best-interest factors to decide relocation
Contact a Family Law Attorney from CHM Law
If you’re facing a relocation issue—whether you’re trying to move with your child or trying to stop a move—the attorneys at Colburn Hintze Maletta can help. Our legal team has extensive experience handling child custody, relocation disputes, and parenting time modifications across Arizona. We understand how important your relationship with your child is and how high the stakes are in these cases. Our attorneys will help you gather evidence, file the necessary motions, and present a compelling case to the court. We offer free one-on-one consultations so you can get answers before making any legal decisions. Call CHM Law today at (602) 825-2500 or fill out our online contact form to schedule your free 60-minute consultation. Let us protect your parenting rights and fight for the outcome that serves your child’s best interests.
Attorney Darin Colburn has experienced first-hand just how difficult going through a family law matter such as divorce is when his parents divorced when he was 6 years old. Twenty years later, he has devoted his entire legal career to helping those facing similar issues. Darin attended the University of Arizona and graduated Cum Laude from the Eller College of Management. Darin is an experienced trial attorney that excels in high-net-worth divorce, complex business valuations, and messy child custody disputes.
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