Child Custody

questions & answers

Question: I have sole custody of my children and want to move out of state. Can my kids father stop me from moving with my children?

Answer: In Arizona custody is recognized in two ways: legal decision-making custody and physical custody. Legal decision-making refers to the parent ability of making decisions for the child regarding health and education. Physical custody refers to where the child lives and physical spends time. A parent may have sole physical custody, but may have joint legal decision-making custody with the other parent. Under A.R.S. 25-408, 45-days advanced notice must be provided to the other parent, if relocating with the child out-of-state. This means that any parent who has parenting time must be provided notice. The other parent may file a petition to prevent the relocation. Before the court will make a determination the following factors are considered by the court:Past, present, and future relationship of parent and child interactions and interrelationship of child with parents and siblings. The child's age and maturity, and the child's wishes; Mental and physical health of all individuals involved Which parent will allow the child frequent, meaningful and continuing contact with the other parent. Parent&'s intentions, if unnecessary burden or court delays caused; Whether there has been any domestic violence; Whether there has been any coercion or duress used by parent to obtain agreement Whether a parent has been convicted of false reporting of child abuse or neglect; Whether the relocation is being made in good faith or to frustrate the relationship of the other parent. Prospective in improving the quality of life Compliance with parenting time Realistic opportunity for parenting time with each parent; Consideration of the emotional, physical, or developmental needs of the child; • The parent motives and the validity of the reasons given for the move; motive on intent for financial gain from child support Potential effect of relocation on child's stability. (These factors are from A.R.S. §§25-403 & 25-408) Further, the court will consider the current parenting time schedule and any previous agreements regarding relocation of the children. Please be aware, as stated above, you must provide notice to the other party 45 days prior to relocating. For further information you may refer to A.R.S. 25-408 regarding your specific situation.