Legal Question in Family Law in Arizona

If you agreed that you could relocate and you placed that agreement in writing at the mediation, then you are free to follow through with those terms of the agreement. It depends what it says regarding that move.

If the parents have made an agreement, either with the assistance of Mediation or even better by the agreement of the parties, the two of you should put ALL the details of your agreement in writing, sign before a Notary Public or the Clerk of Court, and file the original with the Divorce Court. I assume that the 2 of you should be able to agree on the date when you can leave with the children.

If the agreement does not work out, under ARS sec. 25-408, you would need to give FORMAL WRITTEN NOTICE to the non-custodial parent at least 60 days before you leave. Then the non-custodial parent/father has 30 days to formally object in court. A Judge would set a hearing, usually expedited, where you can present your case for why the child(ren) should be able to move out-of-state. Note, the Judge cannot prevent you as the mother from moving, just the kids. Frankly the parents usually are able to agree without the need to fight it out in court.

I do not practice in Pima County, so I would not be able to represent you in Court. There are a number of Family Law attorneys in Tucson. I can assist you in preparing a stipulation or in reviewing a stipulation prepared by your ex-husband's attorney. I charge $200/hour, but for document review I might be able to work out a flat rate. You can call me at (520) 507-2067.