Legal Question in Family Law in Arizona

It depends on whether she's left temporarily (e.g. vacation) or permanently (e.g. relocation). Her ability to leave the state temporarily with your child(ren) depends on whether there is any restriction in your parenting plan (and/or custody/parenting time orders). ARS 25-408 discusses relocation and generally states that a parent cannot relocate out of state or more than 100 miles within the state without the other parent's consent or a court order. This statute applies as long as both parents reside in AZ and long as the non-custodial parent is also entitled to court-ordered parenting time (legal custody is not a factor). The statute is more detailed regarding notice requirements, exceptions, procedure, etc.

We offer a free initial consultation, so please contact our office to schedule a time to speak with one of our attorneys regarding the details of your situation.

Has she MOVED, or is she just on vacation?

She cannot move without your written permission without FIRST following certain rules.

We can certainly help you consider and then pursue your options for dealing with this issue. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com