Legal Question in Family Law in Arizona

Child support/custody

My ex and I have been divorced for 5 years. We currently share joint custody of our son per our divorce decree, however I have physical custody of him an average of 315 days per year. When we divorced we agreed that no child support would be paid to either party since we agreed that we would share 50/50 custody, which only actually happened for a matter of months. Now 5 years have passed and I am remarried with an infant. I left my career and am no longer in a position to support my first son on my own, nor do I expect my new husband to take on that responsibility. I am looking to relocate to another state for the best interests of my family and would like to obtain not only child support from my ex, but sole custody with visititation rights. My questions are as follows: Must these items be addressed within the Arizona court system? Do I have the right to move my son out of state? Am I able to pursue the custody and child support once I have relocated? Thank you for your help!


Asked on 6/19/08, 1:22 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Child support/custody

Pursuant to Arizona law, you are not permitted to relocate your child out of state (or more than 100 miles within state) without the father's consent or a court order. You are entitled to review the financial circumstances to determine if you are entitled to receive child support. You are also entitled to ask the court to modify the parenting time, either by trying to reflect what the actual circumstances have been or by seeking permission to relocate.

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Answered on 6/19/08, 1:29 pm


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