questions & answers

Question: I share joint custody of my son with my ex husband. We agreed to a parenting schedule at the time of our divorce 2 yrs ago. Now, I'm engaged and will need to modify the parenting schedule. Can my ex prevent me from moving 100 miles away to live with my new husband when our original order read "must remain 25 miles or less". I have a job lined up as well. How much notice do I need to give to move with our son to our new home?(I have physical custody)

Answer:

A parent with joint custody of a child must give the other parent notice of his or her intent to relocate the child under A.R.S. § 25-408(B) . The notice must be in writing and must be submitted 60 days in advance of the relocation. The notice should be sent via certified mail, return receipt requested, to ensure delivery. The other parent will have an opportunity to submit a petition to the court opposing the relocation of the child. The court will decide whether relocation should be permitted. Unless there is an emergency situation warranting relocation, the court will consider the best interest of the child when making its decision. The factors the court will consider are listed under A.R.S. § 25-408(I)  and A.R.S. § 25-403. The parent wishing to relocate the child has the burden of proving the relocation is within the child’s best interest. A parent also has the option of petitioning the court to modify a custody order and obtain full custody. However, the parent wishing to modify custody must prove that there is a substantial and continuing change of circumstances that warrant a modification. According to the Arizona Rules of Family Law Procedure, Rule 91(e)(1), a petition to prevent the relocation of a minor child pursuant to A.R.S. § 25-408 shall be considered a request to modify a prior court order. The Arizona Rules of Family Law Procedure can be accessed online here.

Modifying a Court Order:

The following are links contain instructions on how to modify a court order for certain family law disputes: (These forms are for Maricopa County, Arizona. If you reside in another county, you may want to contact your local superior court to see if whether different forms/procedures are required). Modify Custody and Parenting Time by Petition – Instructions () To Modify Parenting Time When the Parties Do Not Agree – Instructions.

Since Family Law issues can be very fact specific and are often complicated, you may want to contact an attorney for specific legal advice.