A.R.S. Section 25-408 addresses relocation with children out of Arizona or more than 100 miles within Arizona. The person seeking to relocate must generally prove that the relocation is in the CHILD’s best interest. After a custody order has been entered, in most cases the parent seeking to relocate is required to provide 60 days’ advance notice of his/her intent to relocate. The notice must be served. The other parent then has 30 days to file a motion with the court opposing the relocation and seeking hearing. At the relocation hearing, the relocating parent has the burden to prove that relocation is in the child’s best interest, which can be very difficult to do.
