Legal Question in Family Law in Arizona
Moving Out of State w/Kids
I am already divorced and have sole custody of our two children. The parenting plan on the divorce paper states: Neither parent will move out of the Phoenix metropolitan area with the children without the prior written consent of the other parent, or a court ordered parenting plan. My ex and I both want to move out of state and he has agreed to give me permission. My question is do I just need him to sign a paper saying I can leave with a notary stamp on it or do we have to go through the courts to have them modify our parenting plan? Will a notarized letter from him hold up in court later if he decides later on to try to get me into trouble for moving out of state with the kids? Thank you!
1 Answer from Attorneys
Re: Moving Out of State w/Kids
It is not mandatory to file anything with the court so long as you have his written permission; however, it would be a good idea for the two of you to create and file a new Parenting Plan that sets forth the new visitation (if the visitation is going to change after you both relocate), just so you both have the ability to enforce the orders if the other parent becomes uncooperative.
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