Child Custody

questions & answers

Question: I received full custody (legal making decisions) for my son but his father, who is on his birth certificate, did not have to terminate his rights. He doesn't make much effort to be in our son's life and is not allowed to have visits unless they are supervised. My husband and I want to move out of state next year, am I within my rights to take him without consent from his father? Hoping for an answer before any big plans are set in motion. Thanks in advance!

Answer: Arizona Revised Statutes, Section 25-408 covers your situation.  Under part F(1), a parent with sole legal decision making authority must provide written notice to the other parent of the intent to relocate the child.  Forty five days after the notice, you may temporarily relocate the child.  The other parent has the right to file court documents objecting to the relocation. If the father objects, you will need to have evidence that you followed the rules and gave him written notice.  Notice under the statutes generally means you either served him by a process server or sent him notice by certified or registered mail with a return receipt.

QUESTIONS

  • I received full custody (legal making decisions) for my son but his father, who is on his birth certificate, did not have to terminate his rights. He doesn't make much effort to be in our son's life and is not allowed to have visits unless they are supervised. My husband and I want to move out of state next year, am I within my rights to take him without consent from his father? Hoping for an answer before any big plans are set in motion. Thanks in advance!

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