Legal Question in Family Law in Arizona

My child now wants to live with me

My son is 14 now. He lives in AZ and I now live in IL. He is very depressed and I can hear in his voice that his life is not as it should be. He wants to come here and I know I can give him a better life, active friends and many family activities. The things he does not have now.

We (my son and I) do not want to hire an attorney, but we would like to know what we need to do to get started and to help the courts understand it IS in my sons best interest to live with me now.

His mom is going to fight it tooth and nail, but I just want to be able to file the proper documents for my son and help him. We say we do not want to hire an attorney because we just cannot afford one, but I can tell his life is miserable. Ther eis no happiness in his voice anymore as I remember and I know he is not living up to his full potential as a child and not experiencing a happy family life.

Can someone please help us?


Asked on 8/26/08, 10:19 pm

2 Answers from Attorneys

Debra Palomino PALOMINO LAW FIRM, P.C.

Re: My child now wants to live with me

If your divorce decree was entered in Maricopa County, Arizona, you can go to the court's self service center online at www.superiorcourt.maricopa.gov and downloan a Petition to Modify Custody, Access and Support. You will get all of the forms and instructions to help you file. Plus, you son is of an age now that the court may also consider his wishes. good luck

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Answered on 8/26/08, 10:36 pm
Stasy Click Burch and Cracchiolo

Re: My child now wants to live with me

While your question indicates that the child is living in Arizona, you do not specify which state issued the current custody order and parenting plan. If the order is out of Arizona you can file a motion with the Arizona court to modify the parenting plan and access to relocate the child to Illinois. Since you dont want to use an attorney I would recommend the court's self service center for copies and instructions for motions. The largest county in Arizona is Maricopa County and it includes the Phoenix area. You can find the self service center at www.superiorcourt.maricopa.gov.

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Answered on 8/26/08, 11:05 pm


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