Debbie Lesko

Rep. Debbie Lesko [Howard Fischer/Capitol Media Services]

Divorced parents would need to let each other know ahead of time of a planned move under the terms of legislation given preliminary House approval Tuesday.

Current law permits a parent who has custody of a child to move up to 100 miles away pretty much at will. SB 1038 does away with any sort of “safe” move but says it is presumed that a move of less than 10 miles will have no significant impact on the child.

Rep. Debbie Lesko, R-Peoria, said the legislation sets up a system to ensure that parents are not only notified but given an opportunity to object.

That would allow a judge to look at various factors. These include how a move might affect the other spouse's parenting time and ability to have a relationship with the child to whether the move is really designed to give one parent a financial advantage in a fight over child support.

Rep. Debbie McCune Davis, D-Phoenix, said she fears the change actually would result in more cases winding up in court that really do not belong there.

The Senate already has approved a similar version of the measure.

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