Legal Question in Family Law in Arizona

Re: He is leaving the state, What can I do?

The answers depend upon how things have been going, and whether there have been significant financial changes.

We can certainly help you decide whether now is the time to take some action.

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 Alicia 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

602x254x7251

602x254x1229 (facsimile)

see our web page at www.familylawaz.com

Re: He is leaving the state, What can I do?

1. In order to obtain sole custody, you need to be able to show a substantial and continuing change in circumstances, which is fact specific. What this means is that you have to be able to lay out a picture of why the court should change it, knowing that the presumption in AZ is for joint custody. Is there something that occurred AFTER the divorce that warrants that change? THis is what the court will ask.However, keep in mind that without an emergency, you cannot move to modify for one year from the order.

2. As for child support, you can move to modify child support any time there is a substantial and continuing change, which is considered to be 15% or greater change in the numbers. So, while you don't have to wait for contempt, you do have to wait until you can meet that burden.

Good luck.

Ronee