QUESTION

What would allow me to relocate out of state with my child? I have sole custody and my ex spouse has supervised visitation.

Asked on May 10th, 2012 on Family Law - Arizona
More details to this question:
My husband has a way better job offer and this college provides the classes that I need for my specific career pathway. Housing is cheaper and we can afford to send our child to a nice preschool. We also have a lot of family there and our child is very close with them.
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2 ANSWERS

Laura Monte
In Arizona, when one parent has parenting time (regardless of who has legal custody), to relocate with a child you need one of two things: (1) consent from the parent who would be losing parenting time on a regular basis or (2) a court order.  You need to send your ex-spouse a letter via certified mail that you are intending to move at a date certain to another state (or over 100 miles from the child's current primary residence) and the reason for the move.  Your ex-spouse then has 30 days to disagreement and can object by filing something with the court to prevent the relocation.  If your ex-spouse files with the court, then you would need to get a court order to move.  If your spouse disagrees, then you are going to want to file a Petition to Relocate to get a court order to move.  Relocation cases, for the parent seeking the relocation, are hard to win in Arizona.  The parent seeking to relocate must show that it would be in the child's best interest to relocate.  There are several factors that are considered including some of the ones that you have mentioned.  There is a provision in the law that allows for a temporary relocation absent parent consent if it is related to employment, but the risk is that if you lose the relocation case the child must return to Arizona so many people don't like to move without the blessing of the court.    *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*  
Answered on Jun 04th, 2012 at 7:44 PM

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Since the other parent has court-ordered visitation (even though it is supervised), you must follow ARS 25-408 with respect to the process involved in relocation. This statute also lists the factors that the court must take into consideration in determining whether the relocation is in your child's best interests. I recommend that you speak with an attorney to discuss the process required by 25-408 and to determine your best course of action.
Answered on May 14th, 2012 at 1:14 PM

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