Can I Relocate Out-of-State with My One-Year-Old Child?

Can I Relocate Out-of-State with My One-Year-Old Child?

The Question:

Can I Relocate Out-of-State with My One-Year-Old Child?

RJ Says:

Understanding the Complexities of Relocation in Arizona Family Law

Relocating with a child is a nuanced issue in Arizona family law, particularly when both parents are involved in the child’s life. If you’re considering moving to another state with your child, several legal aspects need to be considered.

Initial Conditions:

  • If there are no existing court orders or pending legal actions regarding paternity, legal decision-making, parenting time, or child support, technically, you may move with your child.
  • However, this initial freedom doesn’t guarantee that the Arizona court will permit the child to remain in the new state long-term.

Jurisdiction Matters:

  • Arizona retains jurisdiction over your child unless you and your child reside in the new state for at least six months before any court filings by the father in Arizona.

Potential Legal Complications:

  • Moving without pending court actions means you’re not immediately prevented from relocating. But, if the father initiates legal action before you leave, an injunction could be issued, barring you from moving with the child until the court orders otherwise.

Seek Professional Advice:

  • Family law cases, especially involving child relocation, can become complex. I strongly recommend consulting with an experienced Arizona family law attorney. Many, including myself, offer free initial consultations to help you understand your options and the legal processes involved.

Court Considerations and Parental Responsibilities:

  • If you cannot reach an agreement with the child’s father, the court will decide based on the child’s best interests. As the relocating parent, you bear the burden of proving that the relocation serves your child’s best interests.

Navigating the Relocation Statute:

  • The relocation statute involves numerous factors and each case’s unique circumstances. An in-depth consultation with a family law attorney can provide tailored guidance and help in formulating a strategic plan for your situation.

Remember, relocating without a mutual agreement or court order can lead to complications. It’s essential to understand your legal options and the potential consequences of your decisions in the context of Arizona family law.

Do you have a question? Send it to RJ, and we’ll get you the answer you need.