Legal Question in Family Law in Arizona

Child Custody Move out of state

My husband and his X have joint custody with her having physical custody. Over the past 8 years she's moved the kids 8 times, and through 3 states. Over that past 2 years was the closest we've lived to them, 2 hours away. We had finally be able to take advantage of our every-other weekend visits and our relationship with the kids has never been better. Now the X wants to move out of state again. With each move she'd only given us a 4 day to 3 week notice. The kids hate being the new kid in school and thier learning has suffered with each move as well. How do we keep the kids closer so we can continue our now strong, suportive relationship, and make sure thier learning doesn't suffer.


Asked on 1/06/09, 11:13 am

2 Answers from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Child Custody Move out of state

Are your current orders in Arizona? If so, you may be able to file an action to prevent them from being relocated outside of Arizona (and then the court would have to decide if it is in their best interests to move).

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Answered on 1/06/09, 11:20 am
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Re: Child Custody Move out of state

Let me give you some guidance here. I have dealt with many relocation matters. My husband's ex wife tried to move my step children and we fought hard and won. It is very hard on kids and courts frown on relocation often.

If your husband's custody related orders are from AZ, then any further move would be governed by Arizona law under 25-408 and 25-403. If so, and she has indicated she is definitely moving, he wants to act and act fast. If the orders are from out of state and she has been living here with the kids greater than 6 months, he wants to quickly get a new case number established here and ask the court bar her from moving again. I fear that if the orders are from out of state and he does not act fast enough, she may go without any recourse for him.

Let me know if there is anything I can do to assist you.

Ronee

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Answered on 1/06/09, 1:32 pm


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