Legal Question in Family Law in Alabama
Moving out of state
My wife and I are a Brady family and we live close to our ex's. We both have joint custody of our children and have a clause that states that we need to stay within so many miles or a specific area to our ex's. We have just recently found out that me wife's mom has cancer. We would like to relocate to Alabama so that we could be there for her as she goes through her treatments. Can our ex's stop us from moving? With wanting to relocate because of mom's cancer and treatments, is that not a good enough reason. We had also heard that if we are able to secure jobs in Alabama it makes moving easier. Is that true? My wife and I are both teachers, and it is pretty early when it comes to trying to secure a teaching position for the upcoming school year. What would you recommend that we do? Do we need to try to go through mediation to get this settled? Your help and advice would be greatly appreciated.
1 Answer from Attorneys
Re: Moving out of state
Under Arizona law, you are typically required to give 60 days advance written notice of any out-of-state relocation, by certified mail, restricted return receipt. The other parents than have the right to seek a hearing preventing the relocation. In my opinion, it is important/better that you take affirmative steps to get permission to relocate, thus, you yourselves requesting a hearing seeking a modification to the current orders.
If you believe mediation will be successful, then that is also one place to start.
I can explain the procedures and issues better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
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