questions & answers

Question: I no longer live in AZ but a legal office where I live said AZ still has jurisdiction on the case. I share joint legal custody with my sons father. We do not reside in the same state but he says I need a lawyer to move. There is approximately 6-7 hours driving time between our current residences and when I move it will be that long of a flight time. Can he prevent me from moving? I gave him verbal notice and followed up with an email of when we plan to leave so he is fully aware of the relocation.

Answer: Under Arizona law, a parent desiring to relocate with a child must give notice to the other parent. The notice must be made 60 days prior to the relocation and it must be sent via certified mail, return receipt requested. The non-relocating parent will have 30 days to petition the court and ask for prevention of relocation. The court will decide if relocation is proper based on the best interests of the child and the relocating parent must prove to the court that the relocation is in the child’s best interest. See A.R.S. § 25-408(I) for a list of factors the court considers when determining whether relocation is in the best interest of the child. However, if parents can come to an agreement as to relocation, the courts may be satisfied with the agreement and will not get involved. With regards to jurisdiction, if Arizona made the initial determination for custody, it will obtain continuing exclusive jurisdiction under A.R.S. § 25-1032, unless the court finds there are no longer any connections between the child or the parents and the state. You can consult an attorney further for jurisdiction information and to determine where a jurisdiction would lie at this juncture.