Legal Question in Family Law in Arizona

Currently have custody case in Maricopa county where child lives. Father lives in Washington state. We have joint custody for the moment. Can I move with child to pinal county and keep the case in Maricopa county? It's only 30 miles from current location and still in state.


Asked on 7/09/12, 12:37 pm

2 Answers from Attorneys

Annette Cox Law Office of Annette M. Cox, PLLC

Yes ARS 25-408 prohibits relocations more than 100 miles from your current location. As for keeping the case in Maricopa County, the case will remain there unless or until you or the Father files a motion to change venue. It is not necessary to change venue unless you intend to bring a significant modification or enforcement action, and there are certain reasons for seeking a change in venue such as convenience or location of witnesses that you would have to establish.

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Answered on 7/09/12, 12:41 pm
Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

In reviewing the question, it appears that you have an active custody case in Maricopa County. If you have an active case in Maricopa County, I would urge you to obtain the agreement of the child's father, as a stipulated order to avoid problems with your case. There is nothing worse than defending around an issue which could have been addressed by agreement of the parties. If Father is unwilling to stipulate to the move, since it may affect him when he travels into the area to see his kids, then a simple motion to the judge to approve the move could resolve the problem. Although the statute indicates that you can relocate a child within the state as long as it is within 100 miles from the current location, it is better to let your judge know what is going on if you are in the middle of a custody battle. There is no point in fueling an argument from an opposing out of state parent.

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Answered on 7/09/12, 1:02 pm


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