Legal Question in Family Law in Arizona

Move away with joint legal custody

I wish to move with my son who has lived with me for one and a half years,but x-wife will not allow.One year ago she had no problem with me taking my son out of state.At this time she doesnt allow my son at her house because my nine year old son has a problem with her lesbian lover.When I filed for permission to move with the courts she suddenly wants full custody.In the divorce papers she wrote and the court agreed with her to give joint legal custody to me. What rights do I have now because she wants to take me back to court to get full custody.


Asked on 12/09/00, 10:10 pm

1 Answer from Attorneys

Re: Move away with joint legal custody

First, please note that you took the correct step in seeking permission before you relocated. Now that the issue is before the Judge, he can consider what arrangment is in the best interests of the child. Mom is of course allowed to try to convince the Judge that the child is better off by living with Mom. You have to convince the Judge that the child is better off moving, and that the new home is so good, that it outweighs the detriment of moving away from the Mother. Depends upon ALL the facts and circumstances.

Please let us know if we can help.

/s/ Rich J. Peters

JON C. DAKE & ASSOCIATES

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

fax 602.254.1229

see our web page at

www.familylawaz.com

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Answered on 12/11/00, 4:04 pm


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