Legal Question in Family Law in Arizona

Re: Relocation

This is a tricky issue, and there is not a clear-cut answer under the law. Obviously, the best case scenario would be if you and your ex could peacably work out some sort of visitation arrangement that would make him comfortable with you leaving the state. If he's open to conversation, you may wish to work with a mediator or a family therapist to develop a long-distance visitation and parenting plan both parents can live with. If, on the other hand, he will oppose such a move, then you may need to involve a lawyer to help you negotiate and possibly take the matter to the court to make the decision. The law in Arizona places the burden on the leaving parent to show that it is in the children's best interests for the move to take place, places a premium on the continued contact between children and both parents, and also puts some emphasis on the well-being of the primary parent. A court would look at factors like whether you need to move for a job or to be near family or other reasons of emotional or financial stability (your pending marriage may be such a factor), the current state of the relationship between the non-custodial parent and the children, whether it would be feasible or appropriate for the non-custodial parent to provide a home here for the children, how old the children are and if they are older, their opinions about moving, what sort of support system they have here (extended family), and other questions specific to your own situation. Obviously, this is a question of the court balancing the factors in your family's situation. While I cannot answer your question specifically because of the multitude of factors that go into such a determination, I hope this basic information helps you begin to think through your situation.