My new husband has recently been employed as a Physician in Indiana where he has a current medical license. We were married here in Arizona. Due to certain restrictions, he was unable to obtain a medical license in Arizona, therefore he went back to Indiana.
My kids and I live here in Arizona. Under ARS 25-408, I sent my ex-husband a certified letter notifying him of my intent to relocate to Indiana.
My ex-husband refused to sign the paperwork allowing me take them out of state, therefore I filed a modification through the courts and I am awaiting the trial.
Here's my question:
If we both have "joint custody" of the children, How likely is the court to allow me to move them out of state to join my husband? They are 5 and 8 years old. I am so worried I will be denied by the courts to take them with me. My husband has signed a contract and is unable to move back here at this time.
Answer
Relocation matters are some of the most difficult cases to prevail on. Especially if the father is involved, the court will expect you to convince him or her how the relocation would benefit the children, while allowing them to maintain a frequent and meaningful parenting time schedule with the other parent. With that being said, I have been very successful in these types of cases. I would need to know more about your case however before I tell you how I think you should proceed.
There are many things you should be doing now in preparation for your upcoming litigation.
We offer free phone and in person consultations if you have additional questions. I wish you the best,
Carlie Owsley Walker
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