What do I need to file with the courts if I am moving?

Question:

In our divorce decree I agreed for my ex-wife to take our two children to live in another state across the country. I thought with her family there the kids would be better off. In addition, I was depressed from the divorce and the ex put an order of protection on me which has expired.

I now am ready to move back to the state they currently live in and where my whole family also lives so I can be closer to my kids. Is there anything I have to file with the courts since I will be moving?

 

Answer:

First, let me preface my answer by stating that I am licensed to practice law in Oklahoma and Texas and not licensed to practice law in Arizona, so I am unable to give you any specific advice regarding your question because I am not familiar with Arizona statues and rules. However, I can give you a general response to your question, although for specific advice you need to speak to an attorney licensed in Arizona.

Second, I would recommend spending some time to re-read your most recent Court document(s) regarding the custody of your children (i.e. your Divorce Decree or any Order Modifying the Divorce Decree).  Often times, there are provisions in those orders setting forth any procedures required when one parent changes their address.

If the Divorce Decree is silent in that regard you should consider consulting an attorney to explain Arizona’s specific process to ensure your compliance with Arizona law.  Most likely you will be required to provide notice to several entities or persons in a timely manner.  In Oklahoma, for example, a person needs to notify the Court, the local child support agency, and the other parent of the change of address.  In addition some states require this to be done a certain number of days in advance of the intended change of address.  It is imperative you comply or you could face severe repercussions from the Court.

 

Bradley K. Cunningham is a Senior Attorney in the Tulsa, Oklahoma office of Cordell & Cordell P.C. where his primary practice is exclusively in the area of domestic relations. Mr. Cunningham is licensed in the states of Oklahoma and Texas. 

After growing up in Tulsa, Mr. Cunningham moved to Arkansas where he received his undergraduate degree in Accounting from Harding University in Searcy, Arkansas. He then returned to Oklahoma and received his Juris Doctor from the University of Oklahoma.