Keeping this brief as possible: my spouse and I are heading for divorce. I want fresh start in new state. Our son is almost 17. I have offered to have him full time with spouse having unlimited visitation, or visa-versa. I have offered to have son during school, spouse during school vacations. Basically anything apart from being forced to stay in AZ. Spouse wants to share by exchanging every week or two (impossible from other state). What are my options? Do I have to stay? I am happy to pay support for my son.
The court does not necessarily have the authority to prevent adults/parents from moving but they do have the authority to prevent children from moving out of state. If one parent decides to move and the other parent will not agree to allow the child to move, then the parent staying will become the primary residential parent by default and child support will be calculated according to the Arizona Child Support Guidelines. When parents live in different states, or the same state but far apart, a long distance parenting plan will need to be agreed upon.