Proposed Law Could Create Big Changes in Arizona Child Custody Laws

Divorced parents may soon find new legal battles to face due to legislation awaiting action by the Arizona Senate. SB1038 is a proposed bill that would eliminate the existing laws that allow a parent that has custody of a child to move up to 100 miles away. SB1038 could result in swift court action before any move of any distance is considered.

There is an already existing 20-year old law that allows a court to consider whether or not a move would be in a parent’s best interest – a law that SB1038 would eliminate. Instead, a judge would be limited to only considering what is best for the child.

Those in support of the proposed bill claim that the current law allows a parent to move unchecked, as long as it is within 100 miles, but some parents may move less than 100 miles away, but multiple times, putting them beyond the limit with no court interference. They say that the change will eliminate any kind of “sneaking away” from a noncustodial parent, thus allowing the noncustodial parent to spend more quality time with the child.

This who oppose the bill are concerned that the chance will make things difficult in a legal sense for custodial parents. If passed, SB1038 would require a 45-day notice of any potential move. This could result in the custodial parents finding themselves in a position where they are forced to break the law if they are unable to find adequate housing for them and their child in an area that fits the law’s parameter allowance. This could especially happen if they must be out of their current residence within a 30-day period.

This law is the first legislation to update Arizona child custody and parenting laws in 20 years. If you have children and are divorced and are concerned about how the new law may impact your situation, consult with a Glendale child custody attorney at The Sampair Group. Visit us at www.sampair.com for more information.