questions & answers

Question: I have 3 children and all under the age of 18. I also have sole custody and my ex-husband only has visitation. He is almost $100,000 in back child support.(not sure if it matters) I am moving out of AZ and going to KY in June of this year. My question is; is there a way he can stop me from moving so far, even though the court papers state he willingly gave up his custody? Also, I am not sure who or how I notify the courts(which courts?) of our move or what paperwork to complete.

Answer:

ARS 25-408 states that:

 “If by written agreement or court order both parents are entitled to custody or parenting time and both parents reside in the state, at least sixty days' advance written notice shall be provided to the other parent before a parent may do either of the following: 1) Relocate the child outside the state, or 2) Relocate the child more than one hundred miles within the state.” The law further states that, “Within thirty days after notice is made the nonmoving parent may petition the court to prevent relocation of the child. After expiration of this time any petition or other application to prevent relocation of the child may be granted only on a showing of good cause.”

Please read the complete statute.