Can I move out of state with my child?


Arizona  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 parenitng time is being re-litigated as a modification to any existing orders.

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 law,  they can order that the child(ren) stay or be allowed to move.  Obviously if non-moving parent has very little involvement with the child(ren) the court most likely take less convincing to allow the child(ren) to move. The judge will again look at the best interest of the child(ren), 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 child(ren) and the parent that remains. Ironically if the parent and child(ren) do move, the parent remaining will usually get a very large block of time in the summer and a majority of the breaks from school. 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.

James L. Cork II is an Associate Attorney at Fromm Smith and Gadow PC.  Mr. Cork has been practicing Family Law since 2008.  Mr. Cork has successfully represented both parents seekign to relocate with their minor children and parents objecting to their minor children relocating.  Additionally, Mr. Cork has represented hundreds of clients in the following practice areas: Dissolution of Marriage, Legal Separation, Child Custody (now referred to as Parenting Time and Legal Decision-Making), Child Support, Spousal Maintenance, Paternity, and Grandparent Rights.  To schedule a consultation with Mr. Cork please call 602-955-1515.

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.

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