Relocation in Glendale: What Divorced or Separated Parents Need to Know
Thinking about moving with your child after a divorce or separation? In Glendale, it’s not just a personal decision—it’s a legal one. Arizona law (ARS §25-408 if you want to get technical) says that any move over 100 miles, or out of state, can trigger custody issues. That means you can’t just up and take your kids without following the right steps, even if you have sole custody.
Maybe you’ve got a new job lined up, or family support waiting in another city. Totally understandable. But before you make that move, the court’s going to look closely at how it affects your child’s stability and relationship with both parents.
And what if your ex is the one planning to relocate? You’ve got rights too—and legal ways to push back if the move isn’t in your child’s best interest. Not sure where you stand? Let’s talk. We’re here to help you figure it out, step by step.
What Counts as “Relocation” Under Arizona Law?
If you’re thinking about moving with your child after a divorce or custody order, it’s not just a matter of packing boxes and hitting the road. In Arizona, relocation has a very specific legal meaning, and skipping the right steps can land you in serious trouble.
ARS §25-408 and the 100-Mile Rule
Under Arizona Revised Statute §25-408, if you share legal decision-making or parenting time, and you’re planning to move, you’ve got to give written notice 45 days ahead of time, and even then your rights vary, depending on the circumstances. But here’s the catch: the move counts as a “relocation” only if it takes your child more than 100 miles from the other parent or across state lines.
So, let’s say you’re moving from Glendale to Tucson. That’s well over 100 miles. Boom—relocation rules apply. If the other parent objects, you’ll need court approval before making that move.
In-State vs. Out-of-State Moves
Don’t assume moving less than 100 miles gives you a free pass. Even a short move, if you cross state lines, will need the Court’s permission. Although if you are living in Glendale, you can’t make it out of Arizona by only traveling 100 miles.
Not sure where your situation falls? Give us a call—we’ll help you sort it out before things get complicated.
How Relocation Impacts Child Custody and Parenting Time
When one parent wants to relocate, whether it’s across the state or out of Arizona, it can seriously shake up existing custody arrangements. And let’s be honest, it’s not just about the move itself. It’s about what that move means for your child, your parenting plan, and your time together. Family courts that handle cases from Glendale treat relocation requests with a lot of weight because they affect both parents’ rights and, more importantly, the child’s daily life.
Legal Decision-Making vs. Physical Parenting Time
Before diving into how this all plays out legally, it’s good to know the difference between legal decision-making and physical parenting time in Arizona. Legal decision-making is about who gets to make the big calls—think school choices, medical care, that kind of thing. Physical parenting time? That’s where your child lives and how often each parent gets to be with them.
Now, when a parent wants to move more than 100 miles away, it usually disrupts parenting time in a big way. If that parent has sole legal decision-making or most of the parenting time, they’re required by law to give at least 45 days’ notice before moving. That heads-up gives the other parent a chance to object through the court if needed. However, if the parents share legal decision-making and have equal parenting time, then the parent wanting to relocate has fewer rights.
When Courts Require a Parenting Plan Modification
Here’s where things get more complex. If the move changes how much time the child can realistically spend with each parent, then the court might have to step in and update your parenting plan regardless of whether you gave 45 days notice.
Judges in the Superior Court of Arizona in Maricopa County, who are the ones that handle relocation cases right here in Glendale, look closely at whether the move is truly in the child’s best interests. They’ll weigh things like school stability, emotional bonds with each parent, and whether both parents can still stay actively involved from a distance.
Thinking about making a move or worried your ex might? Don’t wait until it becomes an emergency. Our custody lawyers can walk you through your options and help protect what matters most: your relationship with your child.
Notice Requirements: What You Must Do Before Moving
Thinking about moving with your child? If that move takes you more than 100 miles from your current home—or across state lines—you can’t just load the car and go. Arizona law has strict steps you’ve got to follow, especially if there’s a custody order in place. Skip them, and you could end up in court for all the wrong reasons.
The 45-Day Notice Rule
ARS §25-408 says you need to give the other parent written notice at least 45 days before the move. And no, a quick text or casual mention at drop-off doesn’t count. This notice probably should include key details, like when you plan to leave, why you’re relocating, and where you’re going. It needs to be sent by certified mail or delivered properly so there’s proof it was received.
The rule applies whether you have full custody, joint custody, or somewhere in between. Even if things are friendly with your co-parent, skipping this step can create problems that are totally avoidable.
What Happens If You Don’t Notify the Other Parent?
Here’s where it gets tricky. If you don’t give proper notice, the court may see it as trying to dodge legal obligations—or even as an attempt to cut out the other parent. That’s not something judges take lightly. You could be ordered to return the child or lose parenting time altogether.
Feeling unsure about how to start? Reach out to our attorneys that handle relocation cases. We’ll help make sure your move is legal and less stressful.
Objecting to a Relocation Request
When one parent wants to move away with a child, the other parent doesn’t have to just accept it, especially if the move could disrupt parenting time or impact legal decision-making. If you’re in Glendale and just got hit with a relocation notice, it’s important to act quickly. Time really is of the essence here as you are in the best position to preserve your rights when you file your objection with the Court within 30 days.
How to Formally Contest a Move
Under Arizona law, you’ve got 30 days from the moment you receive that notice to file an official objection. That’s not a lot of time when emotions are running high and the stakes feel huge. The objection has to be filed with the Maricopa County family court and should clearly explain why the proposed relocation isn’t in your child’s best interests. Maybe it messes with their school routine, pulls them away from friends, or limits your ability to be involved in daily life—whatever it is, put it in writing.
Emergency Hearings and Temporary Orders
And what if your co-parent might pack up and go before the court can even hear your side? In that case, you can ask for an emergency hearing. The judge might issue a temporary order to stop the move until everything gets sorted out properly. These situations can snowball fast, especially if communication between parents is already tense.
If this sounds like what you’re going through, don’t wait until it’s too late. Give our custody team in Glendale a call. We’re here to help you stand up for your rights and protect your relationship with your child.
How Glendale Family Courts Decide Relocation Cases
If you’re thinking about moving with your child, or your ex just dropped the news they’re planning to, it’s natural to feel overwhelmed. Relocation cases can be tough, especially when emotions run high and both parents have strong opinions. In Glendale, these decisions typically land in family court, where judges take a close look at all the moving parts before making a call.
Factors Considered by Judges
Judges in Maricopa County don’t rubber-stamp relocation requests. They dig into the details. Why does one parent want to move? Is it for a real opportunity—like a better job or support from extended family—or does it seem like a way to limit the other parent’s time? Courts also consider how well both parents have followed existing custody orders and whether they’ve been cooperative or constantly at odds. The full list of the factors that the Court must consider are contained in A.R.S. 25-408(I).
Another big question is whether the non-moving parent can still maintain a strong relationship with the child. Can parenting time be adjusted without hurting that bond? If school breaks and video calls won’t cut it, the judge might have concerns.
Best Interests of the Child Standard
At the end of the day, it all comes down to one thing: what’s best for your child. Arizona law puts this front and center. Judges will weigh things like emotional stability, school progress, friendships, and how settled your child is in their current situation. A move might sound great on paper, but if it throws their life into chaos, it might not fly in court.
Facing a relocation issue in Glendale? Whether you’re the one planning to move or trying to stop one, we’re here to help you navigate it all. Reach out today—let’s talk through the next steps together.
Real-Life Example: One (Fake) Family’s Story
After her divorce, Maria, a single mom living in Glendale, got a great job offer out in Nevada. Better pay, safer neighborhood, and close to her parents who could offer a ton of support for the children. It felt like the right move for her and her 7-year-old son, Ethan. Since she had primary custody, she figured it wouldn’t be a big deal. Turns out, it was.
Maria followed Arizona law and sent a formal notice of intent to relocate, as required by ARS §25-408. She gave Ethan’s dad 45 days’ notice. Within a week, he filed to block the move. He was afraid of losing time with his son. After all of the Court filings, and several months later, the court set a relocation hearing in Maricopa County.
At the hearing, the judge will look at everything: Ethan’s school stability, his relationship with both parents, even how he might adjust to a new place. In the end, it is up to the judge to determine what is in Ethan’s best interests.
Have a relocation situation like this? Talk to a custody attorney who is experienced in relocation cases before you pack a single box. This will make sure that you have the best chance of winning what is right for your child.
Modifying Custody After a Parent Moves
When one parent moves, it can really shake up your current custody arrangement. Whether you’re the one relocating or the parent staying behind, Arizona law gives either of you the right to ask for changes if the move seriously affects your child’s life. This includes changes to parenting time, legal decision-making, and child support.
When You Can Request a Change
You can file for a custody modification when something major disrupts what’s already in place. The court will look at whether this change impacts your child’s stability, school situation, or relationship with each parent. And timing does matter. Usually, you need to wait at least a year from the last custody order unless there’s an emergency or something that puts the child at risk.
You also don’t have to wait until something has changed. If you are planning on moving, just want to move, or want to stop the other parent from moving with your child, you can file something with the Court at that time as well. Plus, if you file before a change has occurred, you don’t have to risk getting on the judge’s bad side.
How to File a Petition in Maricopa County
To get started, you’ll need to file a petition with the Maricopa County Family Court. That means paperwork, serving the other parent, and explaining how things have changed since the last order. While the forms are online, having an experienced legal team on your side can make all the difference when it counts.
Have more questions? Reach out to our team. We’re here to walk you through it.
Glendale-Specific Info: Local Rules, Judges & Filing Tips
Where to File in Maricopa County
If you’re dealing with a relocation case in Glendale, you’ll need to file with the Maricopa County Superior Court, with locations around the Valley. That’s where family law matters like parenting time and legal decision-making are handled. It might seem straightforward, but missing a step or filing in the wrong place can throw a wrench in your plans.
Local Judge Preferences and Common Pitfalls
Judges here take relocation seriously. They’ll want to see how the move affects your child’s life—things like school, emotional health, and staying connected with both parents. One common misstep? Skipping the required 45-day notice or failing to show how the move actually benefits your child. That alone can sink your case.
Feeling unsure about what’s expected? You’re not alone. Reach out. We know how these courts work and how to help you avoid costly mistakes.
Do I Need a Lawyer for a Relocation Case?
Why Legal Help Matters in High-Conflict Moves
Relocation cases can get messy, fast. One parent wants to go off and start a new life. The other is afraid that they will lose their relationship with their child. And that’s with co-parents that get along together. If you and your co-parent aren’t on the same page, emotions tend to run even higher. One of you might feel blindsided, while everyone probably just wants what feels fair and in their child’s best interest. Suddenly, it’s not just a question of moving somewhere new, it’s about custody rights, parenting time, and making sure your relationship with your child doesn’t suffer. That’s where having a lawyer really counts. In these high-conflict situations, you could be facing emergency hearings or strict legal deadlines. And let’s be honest—missing even one small detail could set you back big time.
What an Attorney Can Do to Help Your Case
A family law attorney who knows Glendale and Maricopa County courts can make all the difference. They understand how judges interpret Arizona relocation laws like ARS §25-408 and what kind of evidence actually carries weight. Whether you’re trying to relocate or stop the other parent from moving, an attorney helps shape your case around what serves your child best. Thinking about a move or facing one you didn’t choose? Talk to us today before taking another step.
Frequently Asked Questions
What exactly counts as relocation under Arizona law?
Good question. If you’re moving more than 100 miles away or crossing state lines, that’s generally considered a legal relocation. And yep, there are specific steps you’ll need to follow under ARS §25-408, especially if custody orders are in place.
Do I really have to tell the other parent I’m moving?
Yes, you do. If you share joint legal decision-making or have any parenting time arrangement, the law says you must provide written notice at least 45 days before the move. Forgetting, or avoiding, it could seriously backfire in court. Even in an extreme case like when the other parent is in prison, you still need to give notice before you head off.
Can I stop my ex from taking our child and moving away?
You can try, and many parents do. We have successfully helped parents relocate with their children, and we have also helped parents stop the other parent from moving away with their children. But you’ll need to act fast and file an official objection with the court. Judges will weigh both sides, but their focus is always on what’s best for your child, not who’s right or wrong.
Will my case be handled in Glendale?
If you’re living in Glendale, it’ll go through Maricopa County family court. Family court buildings are in downtown Phoenix, Mesa, Surprise, and Northeast Phoenix. While you can file in any location, your judge is likely at one of these specific courthouses.
Still unsure about your situation? Give us a call—we’re here to help sort things out.
Talk to a Glendale Custody Attorney Today
Thinking about moving and unsure how it’ll affect your parenting plan? Or maybe your ex just told you they’re relocating, and now you’re scrambling for answers. These situations can hit hard, especially when kids are involved. Arizona’s relocation laws don’t leave much wiggle room, and family courts that handle cases from Glendale take these issues seriously. That’s where we come in. At Strong Law, we help parents handle everything from modifying parenting time to fighting, or filing, a relocation under ARS §25-408. We know the legal side, but we also get the emotional weight. Let’s talk through your options—your next step starts with a conversation.