This is called relocation or removal. It is one of the most challenging and expensive things to accomplish in family law. The relevant statute is A.R.S. 25-408. If you want to move with your child out of state or more than 100 miles from where you presently live but have joint legal custody or your ex-spouse has unsupervised parenting time this statute applies to you. You must follow it if you want to try for a relocation order from the court.
You must give the other parent 60 days written notice (unless of course you don't have 60 days from the date you find out you need to move and the date you need to move). The other parent has 30 days from when the notice is received to formally object to the notice.
If you have sole legal custody or primary physical custody and have to move for health, safety or employment of you or your current spouse you can temporarily relocate with your child. However, if you have joint legal custody or equal physical custody you cannot, unless the other parent agrees to the temporary move.
Ultimately, the decision will be based on the best interest of your child. The burden is on you, as the parent desiring to move, to prove the move is in your child's best interest. The court will assess all of the reasons given for the move, make determinations about whether it's being done to interfere with the relationship between your child and the other parent, how it will affect your child's emotional health and stability and the feasibility of maintaining a meaningful relationship with the non-moving parent.
This is a tough battle to win. There is a strong presumption in favor of keeping the child where he/she is and in contact with both parents. Your reasons need to be very compelling. You need to really be able to show that opportunities awaiting you with the move do not exist in any shape or form where you presently live.
If you think that you may want or need to move in the future and are presently in the middle of a divorce or considering starting one, you should consider bringing up the issue in your initial round of negotiations. You can include provision for relocation in your parenting plan and avoid subsequent contentious litigation.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
