Legal Question in Family Law in Arizona

Moving w/kids - divorce, separation, or neither

I know I am heading for a divorce. In the meantime, I would like to move in with my mom who is living a couple of hundred miles away in the state and the only place I have to go (all other family/friends live in another state). In AZ, I have read that you can't move the kids more than 100 miles w/o permission from the court/other parent. Which would be wiser? Filing for a divorce, separation and asking for permission, or just moving and filing for one of the above later? And can he stop me from leaving with the kids of course, if I haven't filed for anything? One positive thing in my favor is that I have not been able to gain employment because of the lack of opportunity. I will be moving to a much larger area.

And thank you for being so professional. I recently asked a question on another law forum and was criticized and judged.


Asked on 1/02/07, 1:10 pm

1 Answer from Attorneys
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Re: Moving w/kids - divorce, separation, or neither

1. YOu can technically move anywhere before anything is filed as it is the Preliminary Injunction that bars the move. If you file then ask, it will take quite a while(unless you have his agreement) to get into the courtroom on the issue. Ultimately, a permanent relocation is up to the court but the longer you are somewhere else, possibly the better.

2. Keep documenting things like his lack of participation with the kids, financially or whatever. Certainly inability to be employed is helpful to the relocation case.

3. Keep in mind that if you move out of state, jurisdiction is still here regarding the kids for 6 months, and does not establish in a new place for you for at least 90 days(depending on the state) If you move within the state, then it is an issue of Venue...which court should make the determination. You might be able to get that county court to accept jurisdiction depending on the facts.

Good luck.

Regards

Ronee Korbin Steiner

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Answered on 1/02/07, 1:23 pm


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