Legal Question in Family Law in Arizona

Relocation

I have a seven year old child with a man whom I was never married to. Our child was conceived when he was still married to his wife. He relocated to Colorado to live with his wife over a year ago. I live in Arizona. I am moving to Louisiana. He has not visited my child in over a year and does not have a visitation order. He is on the birth certificate. Since he left the state first and does not visit do I need his permission to relocate. Again we were never married and he lives in Colorado with his wife.


Asked on 7/20/08, 5:14 am

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Relocation

Thank you for your email. There is a statute in Arizona that requires parental consent or a court order before a child can be relocated more than 100 miles within state or out of state; however, this statute only applies if both parents currently reside in Arizona. If he has already moved out of state, then unless you have orders preventing you from leaving Arizona, you are permitted to move. Be prepared, however, to address setting up a long-distance visitation plan if he wants to resume his visits.

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Answered on 7/20/08, 11:46 am


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