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?
2 Answers from Attorneys
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
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