Mesa, AZ asked in Child Custody and Family Law for Arizona

Q: Can I relocate to another state if I have had primary physical custody since birth? I filed but no court date pending.

I filed 2 times. once in 2022 and again in January. Never given a trial date. Court has not responded to my questions. I filed for child support 2x with custody papers. No response. She has lived with me since birth DOB 10/15/21. I want to move on with my life. I have a 2 year OOP against dad and it seems like I am being ignored by the state. I am going to be evicted from my apartment and i have no other reason to stay here.

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
Answered
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: Is the January case active? If so, the preliminary injunction is in effect and you can't take the child out of state without the Court's permission.

It seems strange you were never given a Court date. You probably missed a step. Did you serve the other party? If yes, did they Respond? If they did not Respond, did you file for default?

As for relocating, that's a complex question and you have not given enough information to say whether you can or can't. I recommend you be cautious about it, and I also recommend you consult with an attorney.

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