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To recap, the parents must agree to a written parenting plan, but the court must also find the resolution to be in the best interest of the child. Only then will the court grant joint custody to the parents. Call the Family Law Team at (480) 467-4348 to hire a qualified attorney to represent you.
In Arizona, there is no legal presumption favoring one parent over the other. Meaning that the Court starts with the presumption that parents should have joint custody. With joint custody, both parents share the responsibility of major decision-making, as well as physical custody and control of the child.
Expect to pay between $100 and $200 when you file. Your county may have additional costs, including fees for motions (e.g., a request for temporary orders), notary services and copying forms. If you can't afford the fees, you may be eligible for a deferral or waiver. Submit a request along with your other paperwork.
In some cases, the court's have found that moving the children many times in an Arizona child custody case is not in the children's best interests. A parent is permitted to move with his or her children without court permission, so long as the move is not more than one hundred miles from their current residence.
Q: What are the custodial parent's rights when moving out of state? A: You must notify the other parent of your intent to relocate, you'll need to give them a 45-day advance written notice and then the other parent has 30 days to file an objection with the court.