Relocation Notice

NOTICE OF INTENT TO RELOCATE

Table of Contents

1. Case Caption and Notice Header
2. Distance Threshold and Applicability
3. Required Notice Period
4. Required Contents Per Statute
5. Proposed Modified Custody and Visitation Schedule
6. Good Faith Statement
7. Objection Rights and Timeline
8. Certificate of Service
9. State-Specific Notes

1. Case Caption and Notice Header

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

NOTICE OF INTENT TO RELOCATE PURSUANT TO A.R.S. § 25-408

TO: [NON-RELOCATING PARENT NAME], [ADDRESS], [CITY], [STATE] [ZIP]

YOU ARE HEREBY NOTIFIED that the undersigned parent intends to relocate the residence of the above-named minor child(ren) as set forth below, in accordance with Arizona Revised Statutes § 25-408.

2. Distance Threshold and Applicability

Current Residence of Child(ren): [________________________________]

Current Residence of Non-Relocating Parent: [________________________________]

Proposed New Residence: [________________________________]

Approximate Distance from Non-Relocating Parent to New Residence: [____] miles

☐ The proposed relocation is more than 100 miles from the non-relocating parent's residence (in-state move).
☐ The proposed relocation is to another state: [________________________________]
☐ Both parents currently reside in Arizona.
☐ Both parents are entitled to joint legal decision-making or parenting time.

3. Required Notice Period

4. Required Contents Per Statute

(a) New Address and Contact Information

(b) New School Information

(c) Reasons for Relocation

The relocating parent seeks to relocate for the following reason(s):

[________________________________]
[________________________________]
[________________________________]

(d) Proposed Revised Parenting Plan

See Section 5 below.

5. Proposed Modified Custody and Visitation Schedule

The relocating parent proposes the following modified parenting time schedule:

Regular Parenting Time:
[________________________________]
[________________________________]

Holiday Schedule:
[________________________________]
[________________________________]

Summer/Extended Parenting Time:
[________________________________]
[________________________________]

Transportation Arrangements:
[________________________________]
[________________________________]

Communication Schedule (Phone/Video):
[________________________________]
[________________________________]

6. Good Faith Statement

I, [RELOCATING PARENT NAME], hereby affirm and declare that:

☐ This relocation is sought in good faith and for a legitimate purpose.
☐ The relocation is not primarily motivated by a desire to interfere with the non-relocating parent's legal decision-making or parenting time rights.
☐ I have made a good faith effort to propose a revised parenting plan that preserves the non-relocating parent's relationship with the child(ren).
☐ The information provided in this notice is true and accurate to the best of my knowledge.

7. Objection Rights and Timeline

IMPORTANT NOTICE TO NON-RELOCATING PARENT:

Pursuant to A.R.S. § 25-408(B) and (C):

1. You have 30 days from the date notice is made to petition the court to prevent the relocation of the child(ren).
2. Your petition must be filed with the Clerk of the Superior Court in [________________________________] County, Arizona.
3. If you do not file a petition within 30 days, any later petition to prevent relocation may only be granted upon a showing of good cause.
4. If you file a timely petition, the court will hold a hearing to determine whether the relocation is in the best interests of the child(ren).
5. The child(ren) shall not be relocated until the court issues an order, unless the parties agree otherwise.

8. Certificate of Service

I, [RELOCATING PARENT NAME], hereby certify that on [__/__/____], I served a true and correct copy of this Notice of Intent to Relocate upon:

[NON-RELOCATING PARENT NAME]
[ADDRESS]
[CITY, STATE ZIP]

by the following method:

☐ Certified Mail, Return Receipt Requested — Tracking No. [________________________________]
☐ Service pursuant to Arizona Rules of Family Law Procedure
☐ Other method as ordered by the Court: [________________________________]

______________________________________
Signature of Relocating Parent

______________________________________
Printed Name

______________________________________
Date

9. State-Specific Notes

Burden of Proof

Under Arizona law, the parent seeking to relocate with the child bears the burden of demonstrating that the relocation is in the child's best interests, considering the factors set forth in A.R.S. § 25-403 and § 25-408.

Best Interest Factors (A.R.S. § 25-403)

The court shall consider all relevant factors, including:

• The past, present, and potential future relationship between the parent and the child
• The interaction and interrelationship of the child with each parent, siblings, and other significant persons
• The child's adjustment to home, school, and community
• The child's wishes, if of suitable age and maturity
• The mental and physical health of all individuals involved
• Which parent is more likely to allow the child frequent, meaningful, and continuing contact with the other parent
• Whether either parent has been the primary caregiver
• Whether there has been domestic violence or child abuse
• Whether either parent was coerced into an agreement regarding custody

Sanctions for Non-Compliance (A.R.S. § 25-408(H))

The court shall sanction a parent who, without good cause, does not comply with the notification requirements of this section. However, the court may impose a sanction that affects legal decision-making or parenting time only in accordance with the child's best interests.

One-Year Rule

Under A.R.S. § 25-411, a motion to modify legal decision-making is generally prohibited within one year of a prior order unless the child's present environment may endanger the child's physical, mental, moral, or emotional health. However, relocation constitutes a change in circumstances that may support modification even within the one-year period.

This template is based on Arizona Revised Statutes § 25-408 and § 25-403 as of the last updated date. Laws are subject to change. Consult a licensed Arizona family law attorney for advice specific to your situation.