Custody Battles and School Choice in Arizona: What the Law Says About Relocation

If you’re facing a custody dispute in Arizona and need to relocate with your child, you need to know what the law says about changing schools and moving to a new area. Arizona has specific rules about parental relocation that can significantly impact your custody arrangement.

When parents share custody or parenting time, one parent cannot just move away with the child without following certain legal steps. Arizona law says that the relocating parent must provide written notice to the other parent at least 45 days before any planned move that affects the current parenting schedule. This applies whether you’re moving across town or out of state.

Before the court determines if you can move with your child, they’ll consider many factors – including educational opportunities. School choice often becomes a central issue in many child custody and relocation cases, especially when parents disagree about which school district better serves their child’s needs.

Before making any decisions about relocation, you should discuss your case with an experienced Arizona divorce lawyer. At Blake & Pulsifer, PLC, our Arizona child custody lawyers are here to help answer all your questions, protect your interests, and your child’s future during a relocation dispute. Give us a call at 480-838-3000.

Understanding Arizona’s Relocation Law

If you’re planning to move more than 100 miles away or out of state with your child, Arizona law (specifically Section 25-408) has strict requirements you need to follow. You must give the other parent written notice that includes:

• Your new address (or the general area if you don’t have an exact address yet)
• Why you need to relocate
• Your proposed new parenting time schedule
• A statement letting them know they have the right to object

If the non-relocating parent objects, they only have 30 days to petition the court to prevent the relocation. Once they file an objection, the relocating parent cannot move with the child until the court makes a decision.

How Does School Choice Affect Custody Cases and Relocation

Arizona offers parents extensive school choice options that can significantly impact relocation cases. Parents can enroll their children in:

• Traditional public schools outside their attendance zone
• Charter schools anywhere in the state
• Online schools
• Private schools through ESA (Empowerment Scholarship Account) funding
• Homeschooling programs

This flexibility creates unique challenges in relocation disputes. A parent seeking to relocate might argue they’re not actually changing the child’s education since Arizona allows students to remain enrolled in their current school through open enrollment or online options. However, courts still examine the practical impact on the child’s daily life and education.

Open Enrollment Considerations

Arizona lets students attend any public school that has space, even if it’s not in their home district. This open enrollment policy creates interesting situations when parents need to relocate. Your child could theoretically stay at their current school after you move, but that raises important questions:

• Can you realistically handle the daily commute?
• Is driving your child an hour each way actually good for them?
• How will long commutes affect homework time, sleep, and after-school activities?

Parents often disagree on these points. One parent might argue that keeping the child in their current school provides stability, while the other points out that spending two hours in the car every day isn’t healthy for a child.

Charter and Online School Options

Some parents suggest keeping their child enrolled in their current school through online learning or staying at a charter school far from their new home. When this comes up, the court looks at several practical concerns:

• Does your child actually learn well online, or do they need in-person instruction?
• How will they maintain friendships and participate in sports or clubs if they’re learning from home?
• Who supervises your child during online school hours if both parents work?
• Does online schooling interfere with the other parent’s time or ability to help with homework?

The court recognizes that while online school might work great for some kids, others struggle without face-to-face interaction with teachers and classmates. A child who thrives in group projects and hands-on learning might suffer academically in a remote setting. Judges also worry about children becoming isolated from their peers or missing out on important social development that happens at school.

School Choice as a Relocation Factor

Parents often use Arizona’s school choice options to strengthen their relocation arguments:

Supporting relocation:

• “The child can maintain enrollment through open enrollment.”
• “Online schooling allows educational continuity.”
• “Better charter school options exist in the new area.”
• “ESA funding makes private school accessible in either location.”

Opposing relocation:

• “Daily transportation to maintain current enrollment is unrealistic.”
• “Online school doesn’t replace in-person learning and social development.”
• “The child is thriving in their current specialized program.”
• “Changing schools mid-year disrupts academic progress.”

Courts recognize that while Arizona’s school choice laws provide options, they don’t eliminate the practical impacts of relocation on a child’s education and daily routine.

Contact Our Arizona Child Custody Attorneys

The outcome of a relocation case affects where your child lives, goes to school, and spends time with each parent. These decisions shape your child’s future and your role in their life. Getting professional legal guidance helps ensure the best possible outcome for your family.

Contact a qualified Arizona family law attorney at Blake & Pulsifer, PLC, to discuss your specific situation and understand your options. Early consultation can help you make informed decisions and avoid costly mistakes in your relocation case. Call us today at 480-838-3000 or fill out our confidential contact form to get started.