The Question:
My ex-wife sent notice to relocate our children out of state. It was only one page and no reason for the move was given. Is this legal?
RJ Says:
Under Arizona law, she cannot relocate with the children without following certain steps first. At least 45 days advance written notice must be provided to you, via certified mail, return receipt requested, or through legal process. She is NOT required to provide a basis. YOU HAVE THIRTY DAYS to Petition the Court to prevent relocation. If she has sole legal decision-making or joint legal decision-making and primary residence of the child, she may temporarily relocate with the child IF it is “required by circumstances of health or safety or employment of that parent or that parent’s spouse to relocate in less than 45 days after written notice has been given to the other parent “. ULTIMATELY, if no agreements can be reached, the Court will determine whether to allow relocation in accordance with the child’s overall best interests. The burden of proving what is in the child’s best interests is on HER. THERE IS SO MUCH MORE TO THE RELOCATION STATUTE. I would need to know more about your situation.