Legal Question in Family Law in Arizona

Re: What do I legally have to do to relocate?

Thank you for your inquiry.

ARS 25-408(C) states as follows: "If by written agreement or court order both parents are entitled to custody or parenting time AND BOTH PARENTS RESIDE IN THE STATE, at least sixty days advance written notice shall be provided to the other parent before a parent may do either of the following: (1) relocate the child outside the state; and (2) relocate the child more than one hundred miles within the state."

If your ex does not live in AZ, you are not required by this section to give him advance notice of your relocation, but when you move, you still need to maintain the visitation schedule. If your child(ren) travel to visit your ex for the visits, then it doesn't matter where they are flying from, as long as the visits still happen.

Since you have joint custody, if you and your ex are on speaking terms, it might be a good idea (even though not required) to let him know where you are planning to take the kids.

Also, keep in mind that if your relocation significantly increases the cost of the visitation, you might be required to bear a larger share of the cost.

If I can be of further assistance, please do not hesitate to contact me.

Monica H. Donaldson

[email protected]