Legal Question in Family Law in Arizona

Re: Relocation

Arizona has a specific statute which governs relocations. Basically, Mom has the burden of proving that everything about the relocation far outweighs the impact it will have on Dad's/child's relationship. In my opinion, if your Husband has maintained consistent access with the child, and is generally a good Father, this will be a difficult burden for Mother to overcome.

I have, in other cases, had Judges order that Mother either stays, and maintains primary custody of the child, or leaves and loses primary custody of the child.

In the event she does relocate, with or without the child, the allocation of travel expenses will be addressed. I have recently had a Judge order that the moving party pay 100%, but in my overall experience, it is more common that the Judge orders the parties to share it in some way (especially if the move is not being done in bad faith).

Child support can be affected by the move, but not necessarily decreased. As an example, if Father's time, decreases, then the credit he had been receiving for access also decreases, which INCREASES his overall obligation.

I can explain the issues in more detail 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