If I’m considering relocating to another state, what do I need to file or what do I need to do so I can leave the state with my children?

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If I’m considering relocating to another state, what do I need to file or what do I need to do so I can leave the state with my children?

However I have 3 children, 2 of whom have visitation with their father. Although I have sole custody I read online I am not able to leave the state.He will not agree to the matter.

Asked on June 23, 2015 under Family Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You'll have to go to court and get a modification of the order that will allow you to move out of state. However, if you plan on doing so over the father's objection you will need to prove why your relocation is in the "best interests" of your children. For example, is it for a better job or to be with a sick relative? Or do you just feel like a change? Your reason will be important to the court, however it will not be the sole determining factor. A judge will also want to know such things as the disitance of the move, what the children's relationship with both you and your their father is, where you will be living, what the schools will be like in your new locale, etc. Based on all those type factors, a decision will be rendered as to whether or not you can move with your children.

 At this point, you should consult directly with an attorney who specializes in custody matters. They can advise you further. In the meantime, here is a link to some information that you may find to be of help:

https://family-law.freeadvice.com/family-law/child_custody/custodial-parent-move-away.htm


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