Legal Question in Family Law in Arizona

Re: Can I move out of state with children?

This is an issue of relocation. If you plan to move soon, I would suggest requesting relocation as part of the dissolution process. If you do it later, you could possibly move on a temporary basis pending a final decision, if you move for a new job. However, it will be up to the court to make the final decision, considering factors as set forth in A.R.S. 25-403 and 408 relating to custody and relocation.

Re: Can I move out of state with children?

It would be a good idea to address this move in your divorce paperwork and get the matter resolved early. As the other attorney advised, you might be able to get the court to agree to a temporary move while the divorce is pending. Once a divorce is filed, neither parent can remove the children from Arizona WITHOUT COURT PERMISSION. If you wait until after you are divorce, you must give the other parent notice under ARS Section 25-408 at least 60 days before the scheduled move. Check out the specific requirements via the web at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp under Title 25. If the father objects, which he can do, you would have to get court permission BEFORE the children can move. Obviously, if dad stays in Arizona and the kids are out-of-state, the parenting time would be different than instate visits. If the parents can agree on how parenting time is divided, the courts will usually sign off on your agreement. If you can�t agree, the courts look to the model parenting plans. The state plan can be viewed at http://www.supreme.state.az.us/nav2/divorce.htm, (scroll down the Custody) and some county courts have their own model plans, check with the Clerk of the Court or check online. The general rule is that the parent who is choosing to move out-of-state will be responsible for the transportation costs. This means you could be required to pay most or all of the travel expenses for the kids to visit dad in Arizona or with very young children you could be required to pay for dad to fly to visit with the children. Good Luck