I’m looking to move out of state with my 10 year old and 5 year old. What would be the best way to present this to a judge?
ARS25-408 reads in part:
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.
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.
Relocation cases are very hard to win, statistically, they are denied more often then they are granted.
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 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;
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