Child Custody

questions & answers

Question: I gave my ex verbal notice of my relocation with my 4 year old, 2 mos prior to the relocation. He was receptive and understood my reasoning. I sent a letter cert. mail and it was returned to me because he failed to pick it up. So I then hired a process server, which was successful. Its now 4 days before my moving date and he has served me w/ a summons to establish parenting time and custody. My position at work has already been filled and I'm to be out of my apartment by the 5th. Am i obligated to stay in the state now? Or can i temporarily relocate?

Answer: Your question did not say whether you had sole legal decision making or joint with your ex.  Part F of Arizona Revised Statutes, Section 25-408 states as follows: F.  Pending the determination by the court of a petition or application to prevent relocation of the child:    1.     A parent with sole legal decision-making or a parent with joint legal decision-making and primary residence of a child who is required by circumstances of health, safety, employment or eviction of that parent or parent's spouse to relocate in less than 45 days after written notice has been given to the other parent may temporarily relocate with the child.     2.    A parent who shares joint legal decision-making and substantially equal parenting time and who is required by circumstances of health, safety, employment or eviction of that parent or the parent's spouse to relocate in less than 45 days after written notice has been given to the other parent may temporarily relocate with the child only if both parents execute a written agreement  to permit relocation of the child.  Therefore, what you are permitted to do depends on the custody order.  If you have sole custody or joint custody with your house being the primary residence, you can temporarily relocate if less than 45 days have elapsed since he was successfully served.  If you are 50/50, you will need his agreement for a temporary relocation.

QUESTIONS

  • I gave my ex verbal notice of my relocation with my 4 year old, 2 mos prior to the relocation. He was receptive and understood my reasoning. I sent a letter cert. mail and it was returned to me because he failed to pick it up. So I then hired a process server, which was successful. Its now 4 days before my moving date and he has served me w/ a summons to establish parenting time and custody. My position at work has already been filled and I'm to be out of my apartment by the 5th. Am i obligated to stay in the state now? Or can i temporarily relocate?

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