Parental Relocation

parental relocation

In the transitional world we currently live in, people are often faced with job transfers, career changes, military re-assignments, remarriage and other factors that mandate relocation out of state. This process is difficult after a divorce if there are minor children involved, because it affects the existing parenting plan and the non-moving parent ability to have frequent and meaningful contact with the children.  

Following a Divorce, one parent may seek to move out of state with the minor children. It is crucial to be aware of, and follow the laws of the State  of Arizona prior to re-locating with children. The laws regarding parental re-location are set forth in Arizona Revised Statutes Section 25-408.

What is Re-Location?

The Statute defines relocation as moving one-hundred (100) miles or more within the State of Arizona or outside of the state of Arizona with minor children.

What is Required to Re-Locate to another state with minor children?

Written notice must be provided by the moving parent to the non-moving parent. The Law Office of Tara Kilby can assist you in preparing the necessary paperwork. If you receive paperwork from the moving parent, you should contact the Law Office of Tara Kilby immediately to discuss your legal rights. The nonmoving parent has the option to petition the court to prevent the proposed move. The non-moving parent must take action within 30 days. In these situations.

What Factors will the Court Consider?

The Court considers many factors including, but not limited to the following: the advantage to the children the move will provide; the likelihood of the moving party’s compliance with parenting time orders; if the move will afford the non-moving parent with an opportunity for parenting time; the moving parent’s motive for moving; and the effect of re-location on a child’s stability.

Why should I hire an Attorney to represent me in a Re-location case?

Re-Location cases are typically not straight forward and require the skill of an experienced Attorney who have litigated these types of cases. The person seeking to re-locate has the burden of proof and it is a difficult hurdle to meet. Additionally, there are also time sensitive deadlines which must be complied with in order to prevail or prevent a re-location matter.


Are you considering moving out of state with your children or has your spouse threatened to do so? It is imperative that you consult an attorney who has experience litigating relocation issues prior to relocation with your minor children to explain the law and notice requirements to you. At the Law Office of Tara Kilby PLLC we have assisted many parents with relocation issues. Call (480) 634-8001 for a complimentary thirty minute consultation.

From our main office located in the East Valley in Mesa, Arizona and our satellite office located in the West Valley in Glendale, Arizona, the Law Office of Tara Kilby represents clients throughout Phoenix and the entire Phoenix Metropolitan area including Scottsdale, Gilbert, Mesa, Chandler, Tempe, and all West Valley cities in Maricopa County in addition to Queen Creek and San Tan Valley located in Pinal County.