Legal Question in Family Law in Arizona

My child lives in Arizona wants to move to Illinois

My son lives in Arizona with his mother. He wants to move to Illinois to be with my(his father) and my wife and his brother and sister here. She will not let him. We have never had custody through courts. Is it possible to gain custody even if I currently live out of state and how would I approach it.


Asked on 1/21/08, 8:39 pm

5 Answers from Attorneys

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

Re: My child lives in Arizona wants to move to Illinois

You can certainly seek for him to live with you. The ultimate decision by a Judge would be as to what is in the "child's best interests". The child's desires are only one factor of many.

We can absolutely help.

I can explain the issues and procedures 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 Tasha 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 1/22/08, 5:48 pm
John Steele Steele Law Firm

Re: My child lives in Arizona wants to move to Illinois

You can get custody, but it will be somewhat difficult. You will need an AZ lawyer, because you simply will not be able to pull such a difficult feat by yourself.

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Answered on 1/21/08, 10:36 pm
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: My child lives in Arizona wants to move to Illinois

Thank you for your inquiry. Your action would need to be filed in Arizona, since that is considered your son's "Home State." In order to convince the court to change the residential arrangements and allow the relocation, you would have the burden of proving that this is in your son's best interests. This would have to be based on something more than the fact that he "wants" to live with you. The statutes set forth the factors the court must consider in making such a determination.

We offer a free initial consultation, so please contact our office (480.792.9770) to schedule a time to speak with one of our attorneys regarding the details.

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Answered on 1/22/08, 12:05 am
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: My child lives in Arizona wants to move to Illinois

Thank you for your inquiry. Your action would need to be filed in Arizona, since that is considered your son's "Home State." In order to convince the court to change the residential arrangements and allow the relocation, you would have the burden of proving that this is in your son's best interests. This would have to be based on something more than the fact that he "wants" to live with you. The statutes set forth the factors the court must consider in making such a determination.

We offer a free initial consultation, so please contact our office (480.792.9770) to schedule a time to speak with one of our attorneys regarding the details.

Read more
Answered on 1/22/08, 12:06 am
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: My child lives in Arizona wants to move to Illinois

Thank you for your inquiry. Your action would need to be filed in Arizona, since that is considered your son's "Home State." In order to convince the court to change the residential arrangements and allow the relocation, you would have the burden of proving that this is in your son's best interests. This would have to be based on something more than the fact that he "wants" to live with you. The statutes set forth the factors the court must consider in making such a determination.

We offer a free initial consultation, so please contact our office (480.792.9770) to schedule a time to speak with one of our attorneys regarding the details.

Read more
Answered on 1/22/08, 12:06 am


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