Thompson Vs Arizona Case Summary

In Arizona, relocation of a minor child when there is a written agreement or court order between two parents (both residing in the state of Arizona), is regulated by Arizona Revised Statute 25-408. In most cases, application of this statute’s regulations becomes necessary when one parent wishes to relocate with the minor child out of state. In some cases, such as Thompson v. Thompson, the statute can be cited in relation to relocation within the state of Arizona.

A Brief History of the Case: Thompson v. Thompson:

In regards to the marriage of Roger E. Thompson (Petitioner/Appellant) and Tanya F. Thompson (Respondent/Appellee),

When A.R.S. 25-408 Applies to Relocating with a Minor Child Within the State of Arizona:

Under Arizona Revised Statute 25-408, a parent granted joint custody/legal decision making or parenting time is granted the right to a minimum of 60 days of advanced notice prior to a relocation of the minor child by the

Thompson, Mother was granted her request to move to Show Low at the same hearing for temporary orders that granted custody of the children to Mother and visitation to the Father. Mother then moved from Alpine to Show Low as granted by the court. In May 2005, the court entered a decree awarding legal custody of the children to Mother and liberal visitation to the Father. Over a year later, Mother notified the court of her intention to move from Show Low to Payson, Arizona in order to start a full time position. The approximate distance of the move from Show Low to Payson, Arizona is 90 miles. Father objected to the move arguing that the move exceeded the limitations presented by A.R.S. 25-408 because Payson is approximately 138 miles from Eagar (Father’s place of residence). He petitioned the court to prevent the relocation of the children with Mother. The court denied Father’s request as the distance of the move from Show Low to Payson is 90 miles, less than the 100 mile limitation per Arizona