Law Offices of Matthew S. Schultz, P.C.

Will notification of relocation be required for divorce parents?

In the beginning of this year, a bill was introduced by an Arizona Senator to the Legislature that addressed the issue of custody and relocation. For parents who are divorced, this bill would require a parent who is moving more than 10 miles to notify the other of the relocation. There are exceptions to the requirement, such as in circumstances of domestic abuse.

From the outset, custody battles can be contentious. When the dust finally settles, the non-custodial parent may feel like they are missing out on their child’s life, while the custodial parent may feel their every move is scrutinized by their former spouse. Acclimating to a new schedule and lifestyle can be a process for both parents. Would this new bill make the transition easier for newly divorced parents?

There are arguments for both sides. Supporters of the legislation believe that non-custodial parents would benefit if the bill was passed. It would prevent custodial parents from moving and not telling their former spouse where they were going. Non-custodial parents would feel more involved and at least aware of their child’s location.

Those who oppose the bill are concerned about the additional pressure it might place on a custodial parent. If the bill is passed, a parent who neglects to give notice could end up in court. In another instance, a parent might give notice but the non-custodial parent may decide to fight the relocation, possibly resulting in a court appearance as well.

The bill was already rejected once by the House, but was being reconsidered today. Is this a solution that would satisfy both sides of the argument?

Source: AZ Central, “House rejects custody-related bill,” Mary Jo Pitzl, April 15, 2014.

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