Can I legally move my kids out of state? 1 Answers as of August 07, 2011I live in AZ. I have 2 kids to the same guy. When I was 5 months pregnant with our son their dad started using meth again. He used to do it before we got together and even has a record for possession of dangerous drugs. I didn’t find out he was using again until our son was 6 months old. I gave him chance after chance to sober up but it was just continuous fighting to the point where it became physical. I left him 2 weeks before our son turned 1. It’s been almost a year now and I haven’t seen a dime from him and he barely sees the kids. I haven’t heard from him in almost a month now even though I’ve asked if he wants to see the kids and spend time with them. I just don’t get a response back. I found out today from one of his coworkers that he lost his job because he failed a random drug test. We were never married, have no child support or custody set up through the courts and he is on their birth certificates. Now my question is can I legally move my kids from AZ to pa without any trouble? My son was just diagnosed with autism and I would be able to get him better help in pa. I also have family support there too. I know he will put up a fight just to get back at me not because he wants visitation. How can I go about moving out of state?
Donaldson Stewart, PC | Monica H. Donaldson Stewart
If there are no court orders for custody/parenting time, then you do not need his consent or a court order to relocate out of state with the children. If he files an action to prevent your relocation, you will have to convince the court that it is in the children's best interests to be allowed to relocate based on several statutory factors.
Answer Applies to: Arizona