Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“In December 2006 I allowed my son’s mother to relocate to Utah through a court order. Now in less than three months my son has been moved from Arizona (original state since birth), Utah for 1 month and now the State of Washington with no prior notice from mother. Since moving out of Arizona, mother has denied phone contact and visitation between my son and me. I have filed a Petition to Modify Custody. Mother has said the judge will not make her come back because she can move wherever she wants. Technically Arizona, has jurisdiction and moving 852 miles further than the original relocation. I have compiled ample evidence of parental alienation. Will the judge order her to return or let her stay in Washington even though she did not notify me? Utah to Washington is a big difference, plus I’m responsible for airfare which was researched to be over $200 higher out of <= st1:State w:st=3D"on" Washington than Utah. Please help." Mother is wrong. Get yourself a good family law attorney who specializes in parental alienation and move-aways, and discuss with them the possibility of your filing for an emergency change of custody based on her alienating conduct, her violation of the court order, and her bad faith actions. Note that so long as one party (you) remains in residence in the original forum state (Arizona), then Arizona can retain jurisdiction, but if you move away you will no longer be able to keep the case in Arizona. Also note that the longer you wait, the more likely mother will be successful and having her new state of residence take over jurisdiction of the case, so move fast.
