Legal Question in Family Law in Arizona
Child relocation
My ex and I currently have close to
50/50 custody with our son that was
just established late last year. My
new husband is active duty in the
military and we will be receiving
orders to relocate to a different state.
We are financially stable and my ex is
currently living with his girlfriend and
has been fighting to change his child
support amount because he feels
that if it's close to 50/50, he should
not pay any.
I understand that in AZ, I must send
him a certified (with return receipt)
letter giving him 60-day notice of our
move and he has 30 days to contest
it in court. We are planning on not
requesting child support from him
since he does not want to pay
anyway. What happens if he does not
file something within 30 days? What
will I need to do in order to make my
move official?
And if he does file something within
30 days, is the relocation decided in
one hearing or over several sessions?
1 Answer from Attorneys
Re: Child relocation
Because he has parenting time you are required to give the notice and serve it appropriately, as you described. If he doesn't file an objection, people believe you can move without court intervention.Nothing in the rule says you can and nothing says you cannot. It is not that simple. He still has parenting time and therefore you would be eliminating his time by moving. Courts frown on that.
Take a look at A.R.S. section 25-408 and 403 for the relevant rules.
Relocation is a very hard area for judges. However, it seems you have no choice but to try. We have done many relocation cases in my office.
Feel free to give us a call.
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