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If I have sole custody, can I move out of state with my child?

Tucson, AZ |

I am currently preparing for trial for sole custody of my toddler. I am sure that I will be granted sole custody. My question is that I plan to apply for a job that will take me out of state. What guidelines must be put in this custody order in order for me to move? If I am granted sole custody, can I move out of state?

To clarify, I will have sole legal custody, and his father will have less than 50 days of visitation.

Attorney Answers 1

  1. You are not granted the right to move out of state with a minor child when the other parent is awarded parenting time simply because you have sole custody. The statute that is attached to this response indicates what guidelines you must follow if you wish to relocate with your child after being awarded sole custody. Because such moves interrupt and interfere with the non-moving parent's access to the child, courts take many factors into consideration when determining whether it is in the child's best interest to relocate.
    Because I cannot tell from your question whether you have made relocation an issue for your current court matter, the judge may or may not hear that issue. If you have not yet filed your Petition to commence that action, I suggest that you add relocation as an issue to be addressed.
    In addition, because permission to relocate is generally difficult to obtain, it is best that you consult with an attorney.

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