What would I need to do to convince the court to allow me to relocate with our son?

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What would I need to do to convince the court to allow me to relocate with our son?

We are filing for a legal separation. We also have a 2 year old son. I would like to relocate to GA where my mother lives. This will enable me to have babysitting assistance, live cheaper and have the ability to make more money. My husband probably will not be agreeable to this.

Asked on August 3, 2010 under Family Law, Arizona

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is something that has gotten easier, in recent years, and it's a very good reason to hire a lawyer to handle your case.  It used to be that courts would almost invariably refuse to allow children to be moved out of state without relatively unusual facts.  Now, it's understood that not only does a woman have a right to live where she pleases, but that if the custodial parent has a better life, so does the child.

You need to prepare to show the court, in detail, how this would work:  your mother's presence is part of it, as would the way you'd be able to make more money and live more cheaply than in Arizona.

You'd also have to have a proposal ready, for how your son would get to see enough of his father to keep a healthy relationship going, including how the transportation and the expense of it would be shared.

It's likely to be complicated, but it might well be doable.


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