Relocating

[dad in az]

Hi Soc:

I lives in AZ, BM lives in Fl, they have split custody. The court order was done in AZ. I am planning to move to PA in the summer b/c i figure we are closer to BM and my daughter. The court order was signed in 2/04 and it says nothing about relocating.

1. Can BM take me to court for custody if i move to PA?

2. If we moved to PA, Can i file that Court order in PA and is there a time limit?




Thanks
dad in az

[socrateaser]

>1. Can BM take me to court for custody if i move to PA?

Yes, but not BECAUSE you move. There must be a change in circumstances affecting the child's best interests before she can get a new custody hearing. Are there other facts related to the move that would make a move to PA not in the children's best interests? If so, then maybe she could make a case. Otherwise, you are free to go where you wish, as long as the other parent's custody/visitation rights are not impaired -- and as she's in FL, I don't see how they would be.

>2. If we moved to PA, Can i file that Court order in PA and is
>there a time limit?

If you filed the order in AZ, then it's law. You don't need to register it in
PA. If the other parent has an isssue on your court order requiring litigation over the child in your custody, then she must file in PA.

If it's a child in her custody, then you must file in FL, after you move to PA.

Because neither of you, nor the children will live in AZ, AZ will lose jurisdiction over all matters related to custody.

[dad in az]

. Are there other facts related to the move that would make a move to PA not in the children's best interests?

I don't think so, i mean we would be closer to the mother. The airfare would be cheaper and shorter flights. We would be closer to family. It won't change the way we raise our kids, one of us will be home like usual.

1. In re: to Child support it was also filed here in AZ, Does Az stay with jurisdiction of the Child Support order?


I am just very nervous with this whole move thing, we just got out of court and i don't want to end up in there again. We are just barely starting over again.

Thank You

[socrateaser]

>1. In re: to Child support it was also filed here in AZ, Does
>Az stay with jurisdiction of the Child Support order?

If no parent or child party to the action lives in the State jurisdiction, then that State loses authority to make future modifications to the child support order. In your case, no one will live in AZ, therefore AZ loses jurisdiction.

However, the AZ order remains in force until such time as someone files for a modification in a new jurisdicdtion. Your facts show that you have split custody, so if the non-custodial parent wants to move for a modification against you for the child in your custody, she would do so in PA. Conversely, if you moved for a modification for a child in her custody, you would do so in FL.

The above assumes that you are using the courts to modify support. Either parent may also file for a modification with their state's child support enforceent agency, and the agency will file as necessary in the state court of appropriate jurisdiction.

[dad in az]

I am very sorry to bother you with this but i want to make sure i am doing everything by the book. I was reading the law in regards to moving away and this is what i found in the AZ law:

C. If by written agreement or court order both parents are entitled to custody or parenting time and both parents reside in the state, 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.
D. 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.
E. Within thirty days after notice is made the nonmoving parent may petition the court to prevent relocation of the child. After expiration of this time any petition or other application to prevent relocation of the child may be granted only on a showing of good cause. This subsection does not prohibit a parent who is seeking to relocate the child from petitioning the court for a hearing, on notice to the other parent, to determine the appropriateness of a relocation that may adversely affect the other parent's custody or parenting time rights.


1. Does this apply to us?

Thank you soo much

[socrateaser]

The statute says "...and both parents reside in the state..." In your case, neither parent lives in the state, therefore the law does not apply.

Case closed.

[dad in az]

Thanks so much, now i'll be able to sleep.