Legal Question in Family Law in Arizona

Regarding child custody, what is the law regarding one parent wanting to move a child out of state if the other parent does not agree?


Asked on 10/01/10, 10:10 am

2 Answers from Attorneys

Douglas Daly Daly Law Firm, PLLC

If by written agreement or court order both parents are entitled to custody or parenting time and both parents reside in the state, the moving party must give at least 60 days advance written notice before moving out of state or relocating more than one hundred miles within the state. A party who does not properly comply with the notification requirements may be subject to court sanction.

We would be happy to discuss and explains your options. We offer free one hour initial consultations. You may call us direct to schedule your free consultation.

Douglas A. Daly

Daly Law Firm, PLLC

602-903-6625

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Answered on 10/06/10, 11:57 am
Rich Peters R.J. Peters & Assoc., P.C.

The law is in A.R.S. �25-408.

If by agreement or order both parents are entitled to custody or parenting time and both parents reside in the state, at least sixty days' advance written notice shall be provided to the other parent before a parent may do either of the following:

*Relocate the child outside the state.

* Relocate the child more than one hundred miles within the state.

The notice required by this section shall be made by certified mail, return receipt requested, or by process server.

Within thirty days after notice is made the nonmoving parent may petition the court to prevent relocation of the child.

We can certainly help you consider and then pursue your options in the relocation issue. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 10/06/10, 12:32 pm


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