questions & answers

Question: I have recently filed a petition to move out of state with my 2 yr old son. His father and I divorced when he was 1 yr old. I have my sons only sibling and have been his primary care taker since birth. I am remarried and expecting a child. My husband is stationed in the military. Everything I read makes me feel like I will have to relocate with out my son and that the courts favor with the non-moving parent. What is the likely hood of the courts making me leave him given the circumstances, and will they really separate siblings who have been together?

Answer: In many cases, when a parent is moving, situations may possibly depend on whether the move is mandatory or voluntary. In a voluntary move, for example, if both parents live in Arizona, the parent with physical custody desiring to move with the child must give 60 days' notice to the other parent before the child may be moved more than 100 miles from the other parent or from the state. The 60-day period gives sufficient time to the non-moving parent to request a hearing to stop the move, (see article here ). However, if a job (military may fit into this category, or it may not) requires immediate transfer in less than 60 days, a parent who is required to relocate in less than 60 days must be a parent with joint physical custody and have the agreement of both parents OR a court order allowing the move of the child. If agreement cannot be reached in the situation of required relocation in less than 60 days, the moving parent must file a request with the court, (see same article as above). The article here (pg. 59) helps give some general information about custody and the military. Also, this statute, ARS 25-411, helps give some information about military family plans and other custody information. Finally, the link here contains forms from the Maricopa County’s court website regarding changing/modifying custody and parenting time, if such is desired.