Phoenix, AZ asked in Child Custody for Arizona

Q: Ex wife sent notice to relocate children out of state, it was only one page and no reason for move given, is this legal?

will submit a petition to dispute relocation immediately

Related Topics:
1 Lawyer Answer
Rich J. Peters
Rich J. Peters
  • Divorce Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Under Arizona law, she cannot relocate with the children without following certain steps first. At least 45 days advance written notice must be provided to you, via certified mail, return receipt requested, or through legal process. She is NOT required to provide a basis.

YOU HAVE THIRTY DAYS to Petition the Court to prevent relocation.

Do you have Joint Legal Decision Making? If she has sole legal decision-making or joint legal decision-making and primary residence of the child, she may temporarily relocate with the child IF it is "required by circumstances of health or safety or employment of that parent or that parent's spouse to relocate in less than 45 days after written notice has been given to the other parent ".

ULTIMATELY, if no agreements can be reached, the Court will determine whether to allow relocation the in accordance with the child's overall best interests. The burden of proving what is in the child's best interests is on HER.

THERE IS SO MUCH MORE TO THE RELOCATION STATUTE. I would need to know more about your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.