Legal Question in Family Law in Arizona
what rights does the father have when the mother moves out of state
If the mother and father live in different states and the mother wants to move to a state that would make it harder for the father to see the children what rights does she have and he have, and should it affect the child support amount and should she have to share travel expenses? mother has custody of the children but it is joint custody. also there is a parenting plan made up to allow the father to see the children once a month and witht he move that would be impossible.
2 Answers from Attorneys
Re: what rights does the father have when the mother moves out of state
Father would have a right to seek a modification of the parenting plan to address Mother's move. In such, he can ask for a different access schedule, to the extent that changes would serve the child's best interests. Father also has a right to ask that Mother be responsible for increased travel expenses.
I can explain the procedures better by phone or in person. As you can imagine, 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 Audrey 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
Re: what rights does the father have when the mother moves out of state
A lot of this depends on the language of your consent or divorce decree. However, we have a relocation statute in Arizona under section 25-403 and 408 that helps a court determine whether a parent can leave. Generally, you have the right(once you know unequivocally she is leaving) to file a petition to stop her. Then it will be up to the court to decide. Under some circumstances, she has to provide you with legal notice of the move under the statute. In other circumstances, she may not have to provide any notice. If there is an objection to the move, you would file the petition and the court will have to decide both on a temporary and permanent basis whether the children should relocate.
Refer to the statute but if you need more detailed assistance, feel free to contact me at 602-999-5555
Ronee
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
