Legal Question in Family Law in Arizona

I was never married to my 12 year old son's father and have 50% legal custody. My son lives with me and visits his father every other weekend (we all live in Phoenix, AZ). For reasons concerning my physicial, mental and financial wellbeing (I had breast cancer twice and suffer from severe depression) , I am wanting to move to Boise, ID by the end of October, approximately two months away. I understand that I cannot move my son out of state without his father's consent, but he is threatening me with jailtime if I were to move myself. It's not like I would be abandoning my son without a parent with 50% legal custody. I just need to move, and soon, to get well and to afford the decent life I'm unable to keep here. So if I CAN indeed move myself, can I fight the legal battle without setting foot in Arizona? I am desperate, and my ex just wants

to keep hurting me and making life as difficult as possible. If you can help with some free advice, it would help me SO much.

Sincerely.

Sarah A.

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Asked on 9/01/11, 3:50 am

1 Answer from Attorneys
Rich Peters R.J. Peters & Assoc., P.C.

He cannot stop you from moving. You will, however, need to modify your Arizona Orders to seek long distance parentng time. If he will not agree to a modification, then you will need to file a Petition to Modify. SO long as you seek time with your child, this cannot be considered abandonment.

We can certainly help you consider and then pursue your options. 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

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Answered on 9/14/11, 8:10 am


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