Legal Question in Family Law in Arizona

Moving out of state

My 6 year old step son lives with his mother. I recently learned that she is planning on moving out of state when she gets married in the summer. Is there anything I can do to prevent her from moving? I want to live by him and continue seeing him on a regular basis. I am going to law school in the fall and have turned down out of state schools so that I can stay in state to live close to my son. I would like him to stay here. What can I do?


Asked on 4/02/02, 9:17 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Moving out of state

Thank you for your inquiry. I am a little confused by your situation. Is the child your ex-wife's son from her previous marriage (not your biological child)? If so, you might be out of luck - the law does not generally afford visitation rights to a step-parent.

If the divorce decree grants you visitation with the child (this would be unusual), you might be able to ask the court to order her to honor the visitation, but I think this would be a longshot.

If I have misunderstood and if this is your biological child, then my answer is completely different. By statute, she would have to give you 60 days written notice and an opportunity to request a hearing.

If you would like to discuss this matter further, please feel free to contact me at [email protected].

Sincerely,

Monica H. Donaldson

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Answered on 4/02/02, 10:07 pm


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