questions & answers

Question: My ex husband and I currently have joint custody of our 5 year old. We both don’t have any family here in AZ. I feel it’ll be best for our child to relocate with me back to my home state due to family being there to not only assist in raising but just to know them. I’m also currently in a long distance relationship and pregnant for a man that lives near my family. I’d have a better paying job if I relocated as well. What are my possibilities on being able to relocate our child with me to be with my side of the family(and closer to his side) and also with my soon to be new family?

Answer: Your question is governed by Arizona Revised Statute, Section 25-408.  Part A. states: "If by written agreement or court order both parents are entitled to joint legal decision-making or parenting time and both parents reside in the state, at least forty-five 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.
2.  Relocate the child more than 100 miles within the state."

The statute goes on to require that the notice be given by certified mail, return receipt requested.  The statute then gives your ex 30 days to petition the court to prevent relocation of the child.  If you move without giving the required notice, the Court can penalize you by changing the custody arrangement.  If you know your ex will object and file a petition with the court, be prepared to go to court.  (Today, the court calls custody "legal decision-making and parenting time.")