Arizona Senate votes in favor of new rules for when a divorced parent can move - East Valley Tribune: Arizona

Arizona Senate votes in favor of new rules for when a divorced parent can move

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Posted: Tuesday, March 19, 2013 8:35 am

The Senate voted 17-12 Monday, with all Democrats opposed, to impose new rules on when a divorced parent can move.

Current law allows a custodial parent to move up to 100 miles without permission of the former spouse. SB 1072 would require the parent to provide notice to the former spouse for any move, no matter how many -- or few -- additional miles away that would place the child, and give the other parent a chance to object and potentially trigger a court hearing.

Sen. Nancy Barto, R-Phoenix, agreed to language which says that notice is necessary only when there will be "material changes of circumstances affecting the best interests of the child.'' And the measure says any move of less than two miles is presumed not to affect those interests, though there are exceptions.

Sen. Anna Tovar, R-Tolleson, said the legislation fails to take into account the interests of a parent who is the victim of domestic violence and needs to move quickly. And Sen. Linda Lopez, D-Tucson, complained of technical hurdles that would be created if a landlord gives a parent 30 days to vacate an apartment but it can take six months to get judicial approval.

The House now takes up the measure.

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