Out-of-State Travel & Legal Considerations To Stay Compliant With Arizona Law

Family time during the holidays often means visiting relatives, taking a vacation, or traveling somewhere special with your children. But if you share custody under an Arizona custody order, even short trips outside the state can raise legal questions. Many parents are unsure whether they need the other parent’s permission or how to handle travel plans when both want holiday time with the child.

Arizona law, specifically A.R.S. § 25-408, sets clear expectations when one parent plans to take the child out of state, especially when shared or joint custody is involved. Following these rules protects both parents’ rights and prevents misunderstandings that could lead to court disputes or changes in custody.

At Lucas Law AZ, Licensed Legal Paraprofessional Alison Lucas has helped families across Phoenix, Gilbert, Scottsdale, Glendale, and Cave Creek create parenting plans and travel agreements that respect everyone’s time while prioritizing the child’s best interests. With over 20 years in family law, Alison helps parents communicate, plan, and avoid legal consequences that can arise from poor communication or missed consent.

Under A.R.S. § 25-408, a parent may not relocate the child out of Arizona or more than 100 miles away without proper notice and consent if there’s an existing custody order or parenting plan in place. While short trips for the holidays typically do not count as permanent relocation, they still require cooperation and transparency between both parents.

Most custody agreements include travel provisions stating whether a parent may take the child out of state and for how long. These terms often depend on the parenting schedule and whether parents share joint custody or if one parent has sole custody.

Here’s a simple breakdown:

Courts always consider the child’s best interests when disputes arise. If a parent takes a child outside Arizona without the child’s other parent’s consent, it may constitute a violation of the custody order, potentially leading to court sanctions or a change in parenting time.

When one parent plans to travel with their children during the holidays, Arizona law encourages open communication and mutual respect. Providing notice to the other parent well in advance—ideally 30 days before travel—is the best way to ensure cooperation and avoid conflict.

A helpful approach includes:

1. Share Travel Itinerary: Include flight details, hotel addresses, and emergency contact information.

2. Provide Written Consent Forms: A legal requirement when traveling out of state with your child. A signed consent form from both parents reduces misunderstandings and provides proof of agreement.

3. Document Communication: Keep copies of emails or texts showing that both parents agreed to the travel plans.

4. Coordinate Holiday Schedules: Adjust the custody schedule to make up for lost time if travel impacts the other parent’s visitation.

If you and the other parent already have a custody agreement or court order, review your custody terms carefully. Some agreements specify the amount of notice required or require permission for traveling out of state beyond a certain distance.

A Licensed Legal Paraprofessional like Alison Lucas at Lucas Law AZ can review your existing custody documents, explain your legal decision-making rights, and help ensure your plans meet the legal requirements under Arizona family law.

Sometimes, even with good intentions, disagreements occur—especially when one parent refuses to allow travel or fears the other parent won’t return the child. In those situations, the key is to act within the law and avoid taking unilateral action.

If consent is denied:

• Try mediation first. Arizona courts often prefer parents to work things out informally before filing motions.
• If necessary, file a temporary motion asking the court for permission to travel. The judge will review whether the trip is in the child’s best interest, especially under the child custody order.
• Do not leave the state without approval. Doing so could result in legal consequences such as contempt of court or restrictions on future parenting time.

Courts in Maricopa County and Pinal County take violations seriously. If a parent leaves without consent, it can be interpreted as interference with the other parent’s parental rights. The Arizona courts will consider factors such as intent, travel duration, and how the trip impacts the existing custody arrangement.

When parents work together with professional legal guidance, most conflicts can be resolved before they escalate into court hearings.

International travel raises additional legal considerations under Arizona and federal law. Even if your custody order allows out-of-state travel, crossing international borders may require further documentation and consent.

Parents should ensure:

• The traveling parent has written permission for travel signed by the non-traveling parent.
• Both parents understand passport access and restrictions. Under most joint legal custody arrangements, both parents must consent to the child’s passport application.
• The trip does not conflict with ongoing parenting plans, visitation, or child support obligations.

If a parent travels internationally without permission, the situation could be treated as parental kidnapping under federal law. Therefore, it’s essential to have every detail documented in writing—including return dates and contact information.

A skilled family law attorney or Licensed Legal Paraprofessional can help you prepare proper consent documentation and ensure compliance with legal requirements before traveling abroad with your child.

• Always review your custody agreement before planning holiday travel.
• Obtain consent from the other parent or provide written notice well in advance.
• Keep copies of travel documents and communications, especially when navigating custody arrangements.
• Do not leave the state or country without permission if your child custody order restricts travel.
• Cooperate and maintain open communication to preserve a positive co-parenting relationship.
• Seek help from a Licensed Legal Paraprofessional if disagreements arise.