Legal Question in Family Law in Arizona

What are the laws in AZ regarding a divorced mom moving out of state with her 5 year old son?


Asked on 1/09/12, 10:25 am

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

If the father has any court-ordered parenting time and also resides in AZ, then ARS 25-408 controls whether (and in what manner) the mother can relocate. There are certain requirements for advance notice, and a list of factors for the court to consider in the event the other party timely takes action to prevent the relocation. This is an extremely complicated issue, so I recommend you speak with an experienced family law attorney for specific guidance.

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Answered on 1/09/12, 10:49 pm
Rich Peters R.J. Peters & Assoc., P.C.

Are there Court orders in place? Does Dad exercise regaulr access? I would need to know more. You may need to provide notice, or it may be worthwhile to file a Petition to Allow Relocation.

We can certainly help you consider and then pursue your options for modification. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

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

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

Once your son is 18 and out of high school, you

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Answered on 1/11/12, 11:31 am


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