Legal Question in Family Law in Arizona
Pre divorce child custody
No papers have been filed, i just need to know if I can move somewhere else (out of this state) with my daughter.
I have family i would have to live with because I could not afford to live on my own.
Do i need his permission or just for him to be able to keep in contact?
I don't want to move and have him be able to call the police on me for kidnapping or something.
1 Answer from Attorneys
Re: Pre divorce child custody
(My response assumes that you and/or the child are not currently in physical danger from the other parent)
It depends on whether he will consent to the relocation and whether you can work out some sort of long-distance visitation arrangement. Once a divorce is filed/served, the child cannot be removed from the state during the proceedings without the other parent's consent or a court order. Prior to filing, the same prohibition doesn't apply; however, if you move away, it could affect the ruling the court later makes regarding custody and visitation. One factor the court has to consider is which parent is more likely to allow the other parent frequent and meaningful access to the child. If you pick up and move away without consent or a court order, this could be considered evidence of your unwillingness to allow frequent and meaningful contact.
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