Wednesday, August 14, 2013

Steps to take to move with a child, when there is a Family Court order in place

(Part 1)

By Jessica M. Cotter, Esq.

If you have a Family Court Order of Legal Decision Making (Custody) and parenting time and you want to take the child that is on that order with you, then look at Arizona Revised Statue 25-408 which gives the necessary steps to be taken in order to relocate more than 100 miles from the child’s current location within the state, and for any out of the state relocation.

The first thing to do is to send a written notice to the other parent with your plans to move, that will be received at least sixty days prior to the move. This notice needs to be sent by certified mail, return receipt requested, and the other parent must be the person who signs the receipt.  If this is not done then the court can impose a penalty for not doing so. The parent that is not moving has 30 days after the notice is given to file a petition with the court to prevent the relocation of the child. After waiting 30 days then the court may allow a petition to be filed only with a good reason. The moving parent can always file a Petition to relocate to determine if the move will adversely affect the parent who is not moving. 

After the Petition has been filed with the court, if the Parent that is moving has Sole Legal Decision Making (Sole Custody) and the move is necessary because of health, safety or employment or if the Spouse of the Parent has to move for the same reasons before the sixty day waiting period, then you can temporarily relocate with the child.   The court could still deny the relocation and order that the child be returned or modify its earlier order about who the child will reside with.  If there is an order of Joint legal decision (Joint custody) making then you can only move with the child before a court hearing if, the other parent agrees in writing.  If not, you have to wait for the court to have a hearing to make a determination if the court will allow the child to relocate.

In the next blog I will review the factors the court looks at in order to determine if the child is allowed to relocate out of the state of Arizona or more than 100 mile radius.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th Ave F-168
Glendale, AZ 85308

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