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Arizona Custody Laws When Moving Out Of State

Are you planning to move out of state? Is the parent of your child planning to move away from Arizona? If so, you need legal advice and fast. Here is some general information to get your started, but it is imperative that you get a consultation with an experienced father’s rights attorney to protect yourself from making mistakes that you could regret.

No Court Order Ever, Child Leaves State

If there has never been a court case involving the child, the parent can move away from Arizona, but the other parent can fight it. But merely leaving the state most likely won’t be a violation of a court order because no court order exists. And Arizona will continue to have jurisdiction over the situation until the child has resided in the new state for at least six months. This assumes the child had been living in Arizona for at least six months before the child was removed to a different state. If the child had been in more than one state (than Arizona) during the recent six-month period before moving to a third state, the analysis gets much more complicated and is beyond the scope of this general informational page. If the child has been gone from Arizona for less than six months, and if the child had been residing in Arizona for longer than six months before the child was removed to the new state, most likely Arizona is the jurisdiction where the child custody case needs to be filed. But do not rely on this general information. A careful analysis must be done to make sure Arizona is the proper place to file a case. After the child has been gone for more than six months, Arizona most likely will lose jurisdiction over the child. So … things must be done quickly.

Court Order Exists And A Parent Has Parenting Time

If a court order exists, and if that court order is an Arizona court order (or an order from another state that has been properly registered in Arizona), the Arizona relocation statute applies. According to Arizona’s relocation statute, if one of the parents has parenting time (or joint legal decision-making authority), the parent intending to move with the child must provide to the other parent (the parent remaining in Arizona) 45 days’ advance written notice by certified mail, return receipt requested (or by other methods permitted under Arizona’s legal procedural rules). The non-moving parent then has 30 days to petition the court to prevent relocation of the child. Any petition after the 30-day period has expired will only be considered upon a showing of good cause – which is a standard you don’t want to have to be in the position of arguing for, so you must act quickly.

Other Circumstances And Exceptions

There are also other circumstances and exceptions to these rules. The above information was provided merely to give you a basic idea of how relocation cases work before you meet with Mr. Thomas. The more you can educate yourself before meeting with Mr. Thomas, the more time you will have available to discuss with Mr. Thomas the more complex aspects of your situation. You should never take legal action without obtaining competent legal advice. Call Ronald V. Thomas for a consultation to discuss in detail whether you have grounds to move the child or fight the relocation of the child. Mr. Thomas has an excellent track record of helping parents in relocation disputes.

Contact a Phoenix Family Law Attorney

If you need help regarding your Family Law matters, contact a Phoenix
Family Law attorney today. Call Thomas Law Office, PLC at (602) 788-1395.

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