Legal Question in Family Law in Arizona

Re: Fathers Rights In Joint Custody Issues

First I will say that if you ave already received notice, you should act right away. Let me say I have had VERY personal experience with this one and consider myself to know a lot about the relocation statute. My husband's ex-wife tried to take the kids to SC and we had to litigate in order to stop it from happening. Thank goodness, the kids live with us now after we had a custody evaluation regarding the relocation. Here is the gist of it: Under the law, if your wife wants to leave the state with the children, she must give you 60 days written notice (by certified mail). You will have 30 days to ask for a hearing to either stop her from moving the children. In order to move the children, she must be able to prove that doing so is in the CHILDREN'S best interests (not her own best interests), and that what ever is waiting for them there is more important than the time they spend with you here. Additionally, the statute says that if she is the primary custodial parent and she cannot provide you the 60 days notice, she can without notice move(at least on a temporary basis until the court makes a final decision) as long as it is because of her health, safety or welfare or for the kids, or for new employment for herself or her new spouse, if she has one. If the court believes that you have substantially equal time with the kids(close to 50% in some judge's minds) she needs court order or your written agreement in order to move them. I would need additional information from you to be able to give you a more accurate depiction of what might occur. Feel free to contact me at 602-999-5555. I have a very flexible practice and can be reached 7 days a week. I do travel around the valley to meet people. Good luck

Re: Fathers Rights In Joint Custody Issues

Thank you for your inquiry. I will be better able to discuss this issue with you in person or by phone (please call for an appointment!), but here is the basic overview: Under the law, if your wife wants to leave the state with the children, she must give you 60 days written notice (by certified mail). You have 30 days to request a hearing to either prevent her from moving at all or for determination of the updated schedule. In order to move, she must be able to prove that doing so is in the CHILDREN'S best interests (not her own best interests), and that what ever is waiting for them there is more important than the time they spend with you here. Of course, I would need additional details from you to be able to provide more information.

I hope to hear from you soon.

/s/ Monica H. Donaldson

[email protected]

(480) 792-9770