Legal Question in Family Law in Arizona

Re: Divorce

If he has parenting time then she cannot move them on a permanent basis but if she is moving for the health, safety, welfare of her or the kids, or for a new job for her or a spouse, then she can go temporarily without notice to him. If she is not moving for any of those reasons, she must provide at least 60 days notice pursuant to the relocation statute.

If your son would like help, feel free to have him contact my office.

Regards

Ronee

Re: Divorce

I suggest the Father review the court orders carefully. There may be specific references to moving out of state. If not, the Arizona Revised Statute section 25-408(B) requires the custodial parent to give a 60 day notice before moving out-of-state. Within 30 days of receiving the notice, the other parent can object, by filing a written objection with the court that issued the custody order. There may be a fee for the filing. If the Father objects, the court should set a hearing before the, where both parties would be able to make their case to the judge. The Judge would consider the �best interests of the children� in deciding whether to allow the children to move. If the Judge agreed to allow the children to move, normally the moving out parent should become responsible for visitation costs (long distance phone calls, airline tickets) for the children�s future visits with the stay behind parent. Obviously, if the children are permitted to move a new visitation plan for the Father would need to be agreed upon. Go to the web http://www.supreme.state.az.us/dr/booklets.htm and select Model Parenting Time Plan for Parent/Child Access for the statewide guidelines. These Guidelines are the type of visitation the court could order, if the parties can�t agree. Under certain circumstances, the custodial parent may be able to temporarily move out-of-state with the children. Still notice should be given to the other parent who can then object.

You might want to consult with an attorney or any counsel who was involved in the divorce. I work in southern Arizona, not Maricopa County, but could look over your documents for you. There would be a fee for my time.

Visitation rights of grandparent are set out in Arizona Revised Statute section 25-409. You could review this to see if some of the factors might apply to you. Keep in mind that Grandparent's visits alone probably won't be a good enough reason to keep the kids in Arizona. GOOD LUCK