Legal Question in Family Law in Arizona

Child Custody

My ex-husband and I have joint legal custody, but he has primary physical custody. I had two teenage boys who thought the grass was greener on the other side and went to live with their dad about 2years ago. The youngest, who is 12 would like to live with me and I would like to know what steps I need to take. Does my son's opinion have any bearing on the decision? I have moved away about 120 miles to create some distance with their dad and I would like to know does this matter in the decision for them to come live with me? I also would like for the boys to not be split up. Any suggestions?


Asked on 1/29/02, 11:47 pm

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Child Custody

In Arizona, the procedure is called a "Petition to Modify Custody". Your son's desires are required to be considered by the Court, but they are only one factor of many. The 120 mile distance does create additional issues, but those can be dealt with. Splitting children up is a very difficult issue for some Judges. I have seen some willing to do so, and some who are not.

I can explain the procedures, law and likelihoods better by phone or in person. There is too much to cover via e'mail. 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 Cathy 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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Answered on 1/30/02, 1:31 pm


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