Child Custody

questions & answers

Question: I have sole legal and father last known address is CA. Last attempt to serve was done by alternate service and last known address. He has not exercised visitation in almost 3yrs. Has history of Domestic violence. Sole legal was given 1yr ago. I'm currently needing to move out of state. Since he is not in AZ I'm not sure if I need to file with the court. Or just update my address. My last attorney said I'm free to go where and when I need but never said how.

Answer: Arizona Revised Statutes, Section 25-408 is the statute governing a parent's right to relocate a child.  The statute requires notice and an opportunity for the other parent to object when both parents have joint custody.  In your case, you have sole custody and your ex lives outside the state at an unknown location.  You should notify the court of your intent to move and your new address.  You may also tell the court that father has not seen the child in almost 3 years and despite your best efforts, you are unable to track him down.  The court may allow you to move without jumping through hoops in your circumstances.  There are lots of women in the same situation, and the court is not in the business of putting unreasonable restrictions on your life.

QUESTIONS

  • I have sole legal and father last known address is CA. Last attempt to serve was done by alternate service and last known address. He has not exercised visitation in almost 3yrs. Has history of Domestic violence. Sole legal was given 1yr ago. I'm currently needing to move out of state. Since he is not in AZ I'm not sure if I need to file with the court. Or just update my address. My last attorney said I'm free to go where and when I need but never said how.

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