Jaburg Wilk


Can You Move with Your Children if you Have Sole Custody?

Video Transcript:

This is a yes and no answer. Yes, you can move but there are some restrictions. For example, if you're moving more than 100 miles, you need to notify the other parent in writing at least sixty days in advance and the parent that's not moving needs to file an objection to prevent your move within thirty days. Assuming they don't object; then yes you can move. Now under certain circumstances you can also go ahead and move even though it's less than the sixty days' notice if it has to do with health, safety, or employment. However, if you decide to move when you have less than the required sixty days, there is a possibility that the court will order the children to come back.  That's an important distinction. You, as the parent, are free to move wherever you want, the restrictions on your children. So you decide to move to Boston and you take the kids and the court says no, we're not going to allow that, then the kids have to come back and you're stuck with a difficult position.

About the author: Jason B. Castle is a Partner at the Phoenix law firm of Jaburg Wilk. He is the President of the Arizona Chapter of the Association of Family and Conciliation Courts, member of the State Bar of Arizona, and a member of the Maricopa County Bar Association, where he chaired the Family Law Section and Legislative Committee. He has expertise in child custody and Decision Making Authority. More recently he was named a Southwest Super Lawyer Rising Star.