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Can I move without consequence if I have custody of my child?

Divorce can bring a whole host of legal issues to your doorstep. You might be forced to confront difficult property division issues, child support problems, and child custody disputes. Even once these matters are settled, they can rear their ugly head back into your life at inopportune times. Therefore, it is important that you know the law and acquire legal help when needed so that you can protect your rights.

One of these difficult and oftentimes complicated issues involves child custody and relocation. According to Arizona law, 60 days' notice is required before a parent can move with a child to another state or more than 100 miles away if the other parent shares custody or is entitled to parenting time. The non-moving parent then has 30 days to file a petition with the court in an attempt to prevent the move. If this petition is filed, then the court will determine whether the relocation is in the best interest of the child.

It is important to note that the relocation statute is not always this cut and dry. For instance, if the parties have agreed in a written document about the parameters of relocation, then the court will abide by it, so long as the agreement was created within one year of the relocation. Special circumstances might also arise if the moving parent is relocating for employment or health issues.

Moving is a common part of life. Though it can be stressful, it can be even more so when child custody issues arise. Thus, it might be best for you, if you are confronting these types of problems, to speak with an experienced Arizona family law attorney. With sound legal guidance, hopefully you can find a resolution that is fair to you and your child.

Source: Arizona State Legislature, "Arizona Relocation Statute," accessed on Dec. 14, 2014

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