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The court usually gives sole physical custody to the mother since she is the primary caretaker for very young children. When it comes to older children, the court takes into account if the child prefers to reside with one of the parents.
How to win a child relocation case in Arizona. The party petitioning for relocation should detail reasons why the move is necessary, explaining the benefits that the new home offers to the child and the ways they will support the other party's visitation rights in view of the changed living situation.
Go to the Clerk of Superior Court and ask to file a ?Petition to Establish Legal Decision-Making (legal custody), Parenting Time and Child Support.? They will give you a packet of forms which you need to fill out. (This packet is also downloadable online.) File your completed paperwork and pay the required filing fees.
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.
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.