questions & answers

Question: i was wondering since i moved out of az to florida. do i have to get conssent from my ex for my 11 yr 'son to move her with me. we have joint custody and nowhere on the divorce creed does it state he cant move with either parent. he so desepartly wants to be with me he is very unhappy with his dad. thanks

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. It will be up to the court to 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. A.R.S. § 25-327. It is a good idea to discuss all options and specific circumstances with an attorney who can advise you and give you your best options.