Legal Question in Family Law in Arizona
Preventing relocation of minor out of state
My ex-wife has just informed me verbally that she is leaving the state with our child in less then 30 days. ARS code 25.408 states this should be in writing by certified mail with at least a 60-day notice. This has not happened. Do I need a TRO to stop her? or do I file a ''Motion to prevent relocation of minor''. If I go with a TRO, where do I get the paperwork and what is the process to file it? I assume I have her served with the paperwork once it is filed (Process server?). Do I need a summons with the paperwork or does the clerk of the court issue and serve a summons?
I know time is of the essence to get this address. Any help would be appreciated.
1 Answer from Attorneys
Re: Preventing relocation of minor out of state
Wow. Strange coincidence. AS I READ YOUR MESSAGE, I am now preparing, this same day, to meet a client at Court to file an Emergency Petition re: Relocation. Since she has not followed the statute, and assuming you have been an involved Father with regular access, we likely can stop her. I cannot, however, via e'mail, describe all of the forms and steps necessary.
I can explain the procedures better by phone or in person. There is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail. Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
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