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?
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.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”