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AZ SB1038

Bill

Status

Engrossed

2/24/2014

Primary Sponsor

Nancy Barto

Click for details

Origin

Senate

Fifty-first Legislature - Second Regular Session (2014)

AI Summary

  • Adds definition of "significant impact" to describe residential moves that materially affect a child's best interests, including changes to school attendance, increased travel time, or moves outside Arizona.

  • Requires parents with legal decision-making, parenting time, or visitation to provide 45 days' written notice before changing residential address, including the new address, school information, and reason for the move.

  • Establishes that if a residential move will have "significant impact," the relocating parent must file a petition for modification or a stipulated agreement at least 45 days before moving, with exceptions for emergency circumstances related to health, safety, or employment.

  • Creates a rebuttable presumption that moves of less than 5 miles do not significantly impact custody arrangements unless the move changes the child's school and the moving parent lacks sole educational decision-making authority.

  • Allows courts to modify parenting plans and visitation when addressing residential moves, requiring courts to minimize loss of parenting time for the non-relocating parent and to sanction parties who unreasonably oppose moves or fail to comply with notice requirements.

Legislative Description

Parenting time; child relocation

Last Action

House third reading FAILED voting: (22-38-0-0)

4/15/2014

Full Bill Text

No bill text available