Legal Question in Family Law in Arizona

Re: Child Custody and Visitation Change

Arizona has a statute that you must abide by. You must give adavnce notice via certified mail, restricted return receipt. Then, if Dad objects, he can request a hearing. Have your orders been "domesticated" in Arizona?

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/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602x254x7251

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see our web page at www.familylawaz.com

Re: Child Custody and Visitation Change

It doesn�t matter if you are married or have a marriage date planned, if you are moving out of state, and you were divorced in Arizona, you must give the other parent notice under ARS Section 25-408 at least 60 days before the scheduled move. Check out the specific requirements via the web at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp under Title 25. If the father objects, which he can do, you would have to get court permission BEFORE the children can move. Obviously, if dad stays in Arizona and the kids are out-of-state, the parenting time will have to change. If the parents can agree on how parenting time is divided, the courts will usually sign off on your agreement. If you can�t agree, the courts look to the model parenting plans. The state plan can be viewed at http://www.supreme.state.az.us/nav2/divorce.htm, (scroll down the Custody) and some county courts have their own model plans, check with the Clerk of the Court or check online. The general rule is that the parent who is choosing to move out-of-state will be responsible for the transportation costs. This means you could be required to pay most or all of the travel expenses for the kids to visit dad in Arizona.