Question: I am the primary residential parent for our three children and we have joint legal custody. I will be moving due to marriage.
I am moving 120 miles from the father. How can I present my case so the judge can approve the move?
A. If by written agreement or court order both parents are entitled to joint legal decision-making or unsupervised 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:
1. Relocate the child outside the state.
2. Relocate the child more than one hundred miles within the state.
I have attached a link below to the statute so that you can see it in its entirety. Rather or not the 60 days Written Notice requirement applies would depend on exactly how your Decree is worded.
The language in the statute has recently changed.
1. “Joint legal decision-making” means joint custody;
2. “unsupervised parenting time” means visitation that does not specifically require supervision;
So if he is entitled to ANY visitation (unsupervised parenting time) and lives in AZ, if the Decree states ANYTHING about him being allowed to visit with the child, even if the Decree doesn’t say when or how, then you must give him 60 days written notice as prescribed in ARS25-408.
My recommendation would be that you obtain a free consultation from an experienced family law attorney to review the Decree before contacting your ex or moving.
The Sampair Group, PLLC
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