Legal Question in Family Law in Arizona

relocation

I have a 2 year old daughter. I am remarried to an active duty soldier in the army, he is being stationed to GA in June 09 on orders. My daughters father has not been actively involved in her life until January 09 when he filed papers against me to modify his visitation. He was aware that I am relocating with my husband, now he is making me look bad saying I am preventing a relationship with my daughter. I have trial the end of may about relocating. Will a judge seperate me and my husband and my daughter? I cannot see a judge making me stay behind, my husband is my financial and emotional support. I stay at home with my daughter. Do you think the judge will allow my relocation?


Asked on 4/30/09, 6:12 pm

2 Answers from Attorneys
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Re: relocation

It is very possible the court could order you to be able to relocate but also possible he could order the children not relocate. Relocation is one of the most difficult areas for a judge because of what it means to the remaining parent. I suggest you look at the factors in 25-408 and 403 so you can see what a court would review in your efforts.

let us know if there is anything you we can do to assist.

Regards

Ronee

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Answered on 4/30/09, 7:03 pm
Jeff Biddle Biddle Law Firm, PLLC

Re: relocation

I have had similar cases and relocation cases are difficult. Essentially, you need to prove that the relocation, and the damage it will do to the relationship the child has with the non-relocating parent, will be outweighed by the benefit of the relocation.

If you have questions or would like to meet to discuss your case, please contact my office. We offer payment plans.

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Answered on 5/01/09, 1:37 am


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