Arizona Child Custody question about moving children out of Arizona
Q: My wife and I are out of work. My son lives with me 80% of the time but the paper work with my ex says we are supposed to share custody 50/50. My wife has an opportunity for a great job (six figure) in another state. My son’s mother does not work, lives with her parents and pays only 1/2 the cost of his insurance premium – sometimes. Being the man, what are my chances of being able to move my son out-of-state?
A: Arizona child custody law requires, absent a different provision in your current custody orders, that if a parent wants to move the children over one hundred miles from their current residence that they must give written notice to the other parent. If the other parent objects to the move the objecting parent must file an objection with the court. The court will set a hearing to decide whether the move is in the best interest of the child. In essence custody and visitation is being re-litigated.
Relocation cases are very difficult for the court to decide. Of course the courts do not have the authority to prohibit an adult from moving, but, pursuant to Arizona child custody laws, they can order that the children stay or move. Obviously if non-moving parent has very little involvement with the children the court most likely will let the children move. The judge will again look at the best interest of the children, but factors like employment opportunity and family support in the new area are considered. Most importantly the court will consider the negative effect the move will have on the relationship between the children and the parent that remains. Ironically if the parent and children do move, the parent remaining will usually get a very large block of time in the summer. The court is very perceptive of a parent who wants to move to maliciously limit access with the other parent and those relocation requests should be denied.
This answer is for informational purposes only. It is not intended, nor should it be construed as legal advice. No attorney-client relationship shall exist unless and until an agreement for legal services is reached between attorney and client, and a legal services contract is fully executed by and between attorney and client.