Can the non-custodial parent move from the area outlined in the custody agreement? 2 Answers as of July 14, 2011

The Joint Custody agreement states: "Neither parent will move with the child(ren) out of the Phoenix metropolitan area without prior written consent of the other parent, or a court ordered Parenting Plan..." Does that apply to both parents regardless of the child's residency, or does it only apply to the parent that holds primary residency?

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Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
The wording is a bit vague, but reading it literally, it appears to apply to the parent with whom the child resides. If the "not primary" parent moves out of the area, that parent may be responsible for any additional travel or travel-related expense associated with their relocation. There may also need to be a change in the parenting schedule depending on the distance created by the relocation. I recommend you speak with an attorney to provide additional details to determine your rights and obligations in this situation.
Answer Applies to: Arizona
Replied: 7/14/2011
Palomino Law Firm, P.C.
Palomino Law Firm, P.C. | Debra Palomino
If it affects parenting time, then you may need a new parenting access schedule. This provision typically applies to relocating more than a certain number of miles away, for example, moving 100 miles away will impact parenting time and travel costs. Also, anytime a parent moves, notice must be given to the other parent. If your move doesn't impact the schedule, then you don't need consent or a court order generally.
Answer Applies to: Arizona
Replied: 7/14/2011
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