My husband filed a motion to relocate with my children, and have sole custody. We are in divorce proceeding...

05/31/2007 - Category:Divorce - Child Custody - State: AZ #6083

Full Question:

My husband filed a motion to relocate with my children, and have sole custody. We are in divorce proceedings. He left the state before the motion was granted and I did not agree to his leaving with the children. Can he legally do that?

Answer:

Section 25-408 of Article 1 of Chapter 4 of the Arizona Revised Statutes provides, in part, as follows: At least sixty days' advance written notice shall be provided to the other parent before a parent may do either of the following: 1) Relocate the child outside the state; 2) Relocate the child more than one hundred miles within the state.

The notice required by this section shall be made by certified mail, return receipt requested, or pursuant to the Arizona rules of civil procedure. A parent who does not comply with the notification requirements of this subsection is subject to court sanction. The court may impose a sanction that will affect custody or parenting time only in accordance with the child's best interests.

05/31/2007 - Category: Child Custody - State: AZ #6083

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