Legal Question in Family Law in Arizona
i am planning to move out of state and i have sole custody of my daughter. my ex wife will have a problem with this but i need to relocate due to work. are visitations have always been open but she has constantly missed all set times. and she does not pay court appointed child support.Due i have the right to move or do i have to go to court? I live in az.
2 Answers from Attorneys
The answer is likely both-you may be allowed to move but you will also likely have to get permission of the court to move on a permanent basis. Please review 25-408, the relocation statute. If you need to move on a temporary basis for a new job then you can move without 60 days notice. However, you do need to comply with the notice provision of the statute. One of you will either have to petition the court relocate or to bar relocation and without an ultimate agreement, the court willl have to make an ultimate determination. If you look at the statute you will see what a court will consider. Make sure you comply with the notice provisions. It's very important. You might want to invest in sitting down with an experienced lawyer to make sure you understand your rights and responsibilites. Feel free to give my office a call.
Ronee
You must provide 60 days advance written notice of your intention to relocate, sent via "restricted return receipt" mail. She has 30 days to object. If she does object, then it will be up to the Judge .
We can certainly help you consider and then pursue your options for relocation. 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 Gina 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