Legal Question in Family Law in Arizona

Re: relocation of child

In Arizona (and most states), the court is concerned with the "best interests" of the child. Generally speaking, it is usually in the best interests of most children to have continued and consistant contact with both parents. It is also in the best interests of a child for his or her parents to be productive, to earn a decent living, etc - which sometimes may mean relocating. That creates a tension between the child's need to be close to both parents and the child's need to have his/her primary caregiver gainfully employed, happy, etc. If one parent decides to relocate with the child, the other parent may ask the court to consider whether this is in the best interests of the child. In deciding, the court will look at many factors, one of which will be whether the child is better off remaining in your custody. If there is an alcohol or lifestyle problem with the other parent, that will come into the judge's consideration. Without knowing all the details about your family circumstances, it's difficult to assess the situation, and even if I had all the details, an assessment would just be an educated guess about what a judge might do in your case.

Technically, if your ex takes legal action to stop you, you will have to respond. You can do this yourself (called "pro per") or you can hire a lawyer to help you. To decide whether you want to try to handle it yourself, you can call the county court clerk and ask for instructions. Once they tell you what's involved, you can make a decision about whether you want to try to be your own lawyer, or whether you want to hire a lawyer. It is usually a good idea to have a skilled lawyer if the other side does, but many people do represent themselves in domestic relations court, and the family law judges are generally more patient with self-representation because of the great expense of hiring a lawyer.

Another option that you might offer your ex is mediation. Mediation would give you an opportunity to work out a collaborative parenting schedule that you can both live with, based on the changed circumstances of your move. It is far less costly than litigation, and keeps the decision-making about your family matters within your family rather than handing it to a judge.

I am a lawyer-mediator, and do not "represent clients." However, if you need help finding a referral to a reputable family law attorney, I'd be happy to give you a couple of names of good lawyers. I would also be glad to answer any questions you might have about mediation, or you can read more about mediation on my web site, www.yesmediation.com. Good luck to you.