questions & answers

Question: I am currently married and live in Gila County. My husband has moved out on my 2 children and I 1 week ago, and I have the opportunity to leave the state of Arizona to start over. Can I take my children as long as I put it in writing to him of where I am going and contact information?

Answer: If he has left AZ, you can relocate at will. If he still lives in AZ, then you should review Arizona's relocation statute (A.R.S. § 25-408). Technically, even if both parents still live in AZ, the law applies only "if by written agreement or court order both parents are entitled to custody or parenting time." Since most married couples do not ask for such orders or written agreements on their wedding days, they often find themselves in the situation you face now. Your question leaves out a lot of detail that might later prove important: why he left, when he left, and for how long? It is also unclear whether either of you intends to file for divorce, which could also resolve the relocation issue, too. You may want to speak to a family law attorney at once.