Can I Block My Ex From Moving Out Of State With Our Child?

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I have a shared parenting plan with my ex, though she is listed as the primary residential parent. However, now she is wanting to move out of state.

Can she relocate without my permission, and if not, how can I block the move?

out of state
Arizona divorce attorney Tali Collins


The first place to see if either of you can relocate out of state with the children is to re-read your parenting plan.

In Arizona, we include relocation with the children as a section in our parenting plans, so you may have language that guides your legal options.

Alternatively, if it is unclear from your parenting plan, then you will need to look at the specific law in your state. Arizona has statutes (laws) that outline what a parent must do in order to be able to relocate out of the state with the children.

The two basic options in Arizona include sending a certified letter to the opposing parent. If that parent does not file a Petition to Prevent the Relocation, then the parent wishing to move may relocate with the child.

The other option is to file a Petition to Relocate with the court. Arizona courts typically frown on relocations unless the parent who wants to move has a very good reason.

There are also time restraints on the notice given about the relocation, so the sooner you talk with an attorney about your options and possible exposure to the relocation, the better.

In all cases where there is a potential move out of state with children, the courts have a variety of factors to consider.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Arizona divorce lawyer Tali Collins, contact Cordell & Cordell.

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