What is the procedure to move my child out of state (AZ) & does his father have grounds to dispute the move?
I have sole custody of my 6 year old son; he lives with me full time. He does visit his father periodically for a few hours a week, never overnight, as stated in the divorce decree. His father and I have been divorced for 3 years, in that time he has completely ignored the child support order that exists and has never been consistent with visitation as he refuses to set up a schedule. He did not show up for our custody hearing, nor did he complete the court ordered parenting classes. He can not hold a steady job and lives at home with his parents or occasionally with a girl friend depending on his situation at the time.
I am considering a move out of state to be closer to my fiancé who is in the military and has recently relocated to Washington; however, I am concerned about moving my son out of the state.
What is the proper procedure to follow under the state of Arizona jurisdiction and does my child’s father have a leg to stand on should he chose to dispute the relocation?
Answers:
Yes, he can dispute the relocation. He has visitation rights. If your move will substantially effect his right to see his child...yes, it IS his child too...the Court can stop you from moving. Of course, the Court will consider all of the factors you mentioned. And more times than not, it isnt as black and white as you may think.
You can either just move and hope nothing happens, or file a motion with the Court and get a ruling. He can file a motion to stop you as well. It's best to try and resolve it before you move. More than likely, he isnt going to oppose it. But remember, if it does go to court, there could be negative effects on you. Sometimes, a court will reduce child support payments by the reasonable cost of travel to the new state for visitation. Just something for you to consider.
ask your lawyer
Typically, you have to give the father written notice prior to you moving, if he objects to the move, he can file a petition in court and you will have to stay in AZ until the judge rules on the case.
If you leave without saying anting, you can be charged with parental interference and you could end up in jail, and your son would end up with his dad. That's how it works in WA, but check with an attorney in your area, plus you should also read your order for support it should say that in there, mine did.
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