questions & answers

Question: I would like to leave the state, but was recently informed that even though I have sole custody of my two children that I would hava to file paperwork with the courts because the other parent has visitation. My question is what is the correct paperwok that I need to file?

Answer:

See our article on Things you Should Know about Child Custody and Parenting Time as well as A.R.S. § 25-408. That article discusses what occurs when a parent with custody decides to move with the child. The article states:

When may a parent with custody move from Arizona with the child?

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.

What if my job requires an 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.

Generally, a divorce decree and/or parenting plan will state a procedure when a parent chooses to move or travel with a child. Take a look at your divorce paperwork to see whether it allows out-of-state travel with your child.