Legal Question in Family Law in Arizona
I have sole legal and physical custody of my son. My son's mom has visitation every other week in the summer. I have reason to believe that my son's grandparents are planning to take him to New York sometime this summer. Our custody papers do not state anything referring to out of state travel. They have yet to discuss their plans with me. I can only assume this is not allowed without my approval since I am his legal custodian. What actions can I take to keep him here in AZ? What if they do take him out of state?
2 Answers from Attorneys
A visit and moving are two different things. If mom and grandparents want to take him on a weeklong visit to New York, they can. If it extends past the court-ordered visitation time, they would be in trouble. If they didn't return the child to Arizona at that time, they would be in trouble. Moving a child out of state requires notice to the other parent and, if they object, then the court must be notified and will make a determination of what is in the best interests of the child as well as the parents.
You can demand assurances ahead of time. If there are no restrictions in the documents, and she allows this on her time only, you may need to seek a modification to your current orders to prevent such.
We can certainly help you consider and then pursue your options.
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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
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see our website at www.familylawaz.com