Legal Question in Family Law in Arizona

child custody

I'm in the middle of a divorce in AZ, I call for my court date in 3 days. My future ex is moving to Georgia in 2 days. Originally we filed for joint custody(2 yr old son) but with him all the way across the country Id like to ask for sole custody. Would it be considered abandonment if he moves?


Asked on 9/30/07, 6:14 pm

2 Answers from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: child custody

If you intend to proceed by default, you cannot change any of your original requests. You can, however, modify your Petition and refile. That would start all of your deadlines over, and delay the finish line.

A move does not necessarily constitute abandonment. However, the move certainly can change some of the issues contained in your Decree.

I can explain the issues and procedures related to these issues better by phone or in person. As you can imagine, 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 Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & 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 10/01/07, 11:07 am
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Re: child custody

THere is no such thing as "abandonment." SOle custody has to do with whether you 2 can make decisions together, which the court presumes unless there is a fitness issue. If he moves far away then obviously that affects parenting time. Give me a call if you want to discuss more details.

Regards

Ronee

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Answered on 9/30/07, 7:01 pm


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