Legal Question in Family Law in Arizona
can my son who is going to be 18 in a month move out of state with my permission if I am in a middle of a custody battle...I have sole custody right now until april which by then he will be 18.
So can he leave the state and would I get into trouble?
2 Answers from Attorneys
Unless he becomes an emancipated minor (this is a rather simple process but does require court intervention), he would need to be under the supervision of an adult in some capacity. Is there a relative or friend or a group home where someone would be willing to sign on as his temporary custodian/guardian/power of attorney? This is what you need unless you want to just make him wait until he is 18, then he can go wherever he wants. Also you might want to alert the court to the plan so that they don't think you are helping him to "escape" outside the jurisdiction of the court if he is one of the children who is the subject of the custody battle.
Your son could seek emancipation. Or, you could seek permission for hims to make the move in your pending matter.
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