Child Custody

questions & answers

Question: I am married to an active army soldier who is being deployed to Germany. I do not have primary custody of my daughter but if I did win custody of her would I be able to move my daughter to Germany with us?

Answer: What you can and cannot do depends on your custody order.  Arizona Revised Statutes, Section 25-408 states that if parents have joint custody (legal decision-making and parenting time), neither parent can relocate the child outside the state or more than 100 miles within the state without giving the other parent 45 days notice by certified mail.  That allows the other parent the opportunity to object to the move and ask the court to block it.  A parent with sole custody may temporarily relocate the child after the 45 days notice if the move is required by the parent's job or the moving parent's spouse's job.  The other parent can still file an objection with the court.  You need to discuss your specific situation with a lawyer.  Have you asked for help or advice from JAG or from one of the military wives support groups?  Go to https://www.military.com/benefits/military-legal-matters/legal-assistance-and-jag/free-legal-assistance.html or check with the JAG office on your husband's base.