Legal Question in Family Law in Arizona

Arizona - Relocation of Minor Child

My child's mother has sole legal custody our daughter; almost 10. I have extensive visitation with the child; 1/2 time. I see the child on a daily basis as I work at her school.

Mum who is a convicted felon on 3 years supervised probation wishes to relocate to VA. She has no family there but one friend who dislikes me immensely. Court has ordered a temporary hearing and reminded mother that under AZ law she has the burden of proof to relocate with the child's best interests front & center. Other than a couple of good AZ cases I was looking for articles which I could use under learned treatise to show that the loss of contact with dad was a critical factor in making a final determination as to approval of the relocation.


Asked on 12/19/08, 4:10 pm

1 Answer from Attorneys
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Re: Arizona - Relocation of Minor Child

You need to look at the factors under A.R.S. 25-408(relocation) and 403(custody) because those are the factors the court will review and assess facts under, when trying to make a determination. Courts frown upon relocation and unless there are very good reasons why the court should allow one parent to remove a child from the daily life of another, they do not typically grant it.

there are many articles on the internet but those are not typically where a court is going to look for support for or against relocation.

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Answered on 12/19/08, 6:03 pm


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