Can my husband relocate with our children without my consent?

Full question:

My husband filed a motion to relocate with my children, and have sole custody. We are in divorce proceedings. He left the state before the motion was granted and I did not agree to his leaving with the children. Can he legally do that?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: Arizona

Answer:

According to Arizona law (A.R.S. § 25-408), a parent must provide at least sixty days' written notice to the other parent before relocating a child outside the state or more than one hundred miles within the state. This notice must be sent via certified mail or according to the Arizona rules of civil procedure. If a parent fails to comply with these notification requirements, they may face court sanctions. These sanctions can impact custody or parenting time based on the child's best interests.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, the court can stop a parent from relocating with a child if it is not in the child's best interests. The relocating parent must provide notice and may need to demonstrate why the move is necessary. The court will consider factors such as the child's relationship with both parents and the impact of the move on the child's well-being.