{"id":2927,"date":"2017-09-19T12:37:15","date_gmt":"2017-09-19T19:37:15","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?page_id=2927"},"modified":"2022-12-19T09:58:44","modified_gmt":"2022-12-19T16:58:44","slug":"ars-25-408","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/ars-25-408\/","title":{"rendered":"ARS 25-408: Arizona Parent’s Rights to Custody and Relocation"},"content":{"rendered":"

Introduction<\/h2>\n

Arizona statute ARS 25-408<\/a> discusses the rights of each parents, in regard to their children. This is an important statute because it will help to govern divorces that involve custody, or any other custody related matters. It outlines the parents\u2019 rights about parenting time, relocation of children, exceptions to these rules, enforcement of the rights, and access to prescription medication and records.<\/p>\n

These statutes can be confusing, so it is wise to look into their meaning and potentially discuss their implications in your situation with an experienced child custody lawyer<\/a>. Custody related issues can be high stress, it can be extremely beneficial to have someone on your side that understands the laws governing the situation, understands your needs, and will fight for the best outcome possible. With all the stress of dealing with custody battles, having someone in your corner can relieve some of the added stress and uncertainty, which can be priceless.<\/p>\n

You do have the right to address custody issues on your own, just be wary as once a court order is in place, it is legally enforceable until you can have it modified. If both parties are able to work together regarding the custody issues, this is ideal because it will make it a much faster, cheaper, and easier situation for everyone involved. If the parties can come to an agreement, they simply need to present their agreement in court to be made official and enforceable.<\/p>\n

Whether you are representing yourself in your custody case or have hired a Mesa\u00a0family law attorney<\/a>, it is recommended to still read and understand the statutes to some degree, so you can better consider your options available. If you are representing yourself however, it is especially important because the other side may try to trick you into agreeing to something that you did not realize the long-term implications of, or that you had additional rights.<\/p>\n

Custody is generally a battle, come prepared to the battle so you and your children are protected.<\/p>\n

ARS 25-40: Relocation<\/h2>\n

Relocation of children is the main focus of this section and addresses the laws governing the ability to relocate children and to petition to not allow the other side to relocate with the children.<\/p>\n

Notice of Relocation<\/h3>\n

This statute governs the situation if by court order or by written agreement, both parents share joint legal decision-making and parenting time. If your situation follows these guidelines then the following applies:<\/p>\n

At least 45 days advance written notice must be provided to the other party before they can:<\/p>\n