Hi I’m relocating to New York with fiance due to better work opportunity for myself and his job transfer.
My 4 year old son’s biological father fled arizona and has been living in Chicago for 3 years. I have been awarded full physical custody and decision making of my son.
Do I need to request permission to relocate even though the father doesn’t live in state or have any right to the child?
A.R.S. §25-408 gives you the applicable rules for your situation and that of others seeking relocation. Section A provides that agreement or court order is required wherein the parents have joint legal decision making or parenting time AND both parties reside in the State. From the information provided, Father does not reside in Arizona and therefore permission is not required to be sought to relocate. Additionally, if have sole legal decision making and Father has no parenting time rights, then permission is generally not required. However, one must take extreme caution in ensuring the Orders indeed reflect these orders.