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joeyfmx
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Reged: 01/04/09
Posts: 1
Wanting to move out of state w/ children, help!
      #491282 - 01/04/09 06:22 PM

My wife has 3 children with her ex husband, they have joint custody, and she recieves child suport. We want to move to san antonio from here in phoenix, her mom and sis are moving to texas thats why we want to. She does not want to take full custody or prevent him from visitation. He will fight the move. We have not filed yet nor do we know how, we can not afford a lawyer, any help would be greatly appreciated!

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googledad
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Reged: 12/31/05
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Re: Wanting to move out of state w/ children, help! [Re: joeyfmx]
      #491329 - 01/04/09 10:22 PM

First , you need a good reason to relocate , her relatives moving isn't one . The procedure is pretty straightforward , she sends the father a notice of intent to relocate at least 60 days BEFORE any move , he then has 30 days to object . The notice should include all the details of where the children will be living ( phone # , address , schools ) , a proposed parenting plan and the reasons for relocation . No objection and you are free to move . If he does object you will have to PROVE relocation is " in the best interest of the children " . The court will use the following factors in that determination :

1. The best interest of the child as stated in Arz Rev Sta 25-403A

2. Whether the relocation is being made or opposed in good faith and not to interfere with or to frustrate the relationship between the child and the other parent or the other parent's right of access to the child.

3. The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child.

4. The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders.

5. Whether the relocation will allow a realistic opportunity for parenting time with each parent.

6. The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child.

7. The motives of the parents and the validity of the reasons given for moving or opposing the move including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations.

8. The potential effect of relocation on the child's stability.

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