Legal Question in Family Law in Arizona

Moving out of state with minor child

My fiance is trying to move out of state with her daughter, we gave the father 60 days advanced notice of her intent to move in a certified letter. According to state law, I believe he had 30 days to respond, and needed to do so by contacting the courts and filing to oppose the move. He responded within 60 days and just by sending back a certified letter in return to my fiance. Has she met her legal requirements and is she free to move now?


Asked on 1/07/05, 4:57 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: Moving out of state with minor child

This question is impossible to answer with the information you have provided.

First, there is no state law that says people have to respond to letters about their children. Second, there is no state law that says people have to respond to letters within a particular time frame.

Your fiance may have a court order directing a path of communication between her and the child's father about where the child lives and if such is the case then she needs to comply with that court order. You did not state whether such an order exits or not.

The reality may be that the parents either need to attend a mediation with each other (if they cannot simply sit down, talk about the move and reach a consensus) or, they can go to court and let a judge provide them with a court order addressing the issue of where the child can live. Getting into court, by filing a motion and asking for a hearing, may be your fiance's quickest method of resolving this matter.

I would suggest spending some time at a local lawyer's office and discussing this matter in detail and then making a decision about how to proceed.

Good luck.

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Answered on 1/08/05, 9:55 am


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