Legal Question in Family Law in Arizona
My sons father and I currently have a non-legal agreement to share custody of our 3 year old son. I am looking to move out of state in order to buy a home on a very large piece of land and because the school district is better where I am going. I have been working with my sons father to provide numerous options to share custody including letting my son fly back during summer and winter break as well as agreeing to allow them to use web cam to talk several times a week.
I am terrified of even thinking of my son staying with his dad for too long. His father is irresponsible, he refuses to help me potty train, to floss my sons teeth, and the house they live in is disgusting (my ex's dog urinates all over the place because they are cruel and lock him in a cage 24 hours a day). I have asked for him to change these things, and I am very tired of constantly being worried to let my son go, but I worry I don't he will take me to court and I won't be able to afford a lawyer.
I am trying to talk to my sons dad and he recently changed his number, he has my son and I have no way to contact, what should I do?
3 Answers from Attorneys
If he has your son, you will need to file with the court in order to relocate. Depending on what the specific circumstances are to your case, it may be difficult to win a contested relocation case. Contact me if you have questions. I'm certain that you have a lot to talk about and a lot of questions. We have low retainers and payments plans if affordability is a major concern.
Contested relocation cases can be emotional and difficult in court. For your matter, it's not clear that you and the father were ever married, and if not, that either of you have established father's rights regarding custody and support. Feel free to contact my office to discuss these issues in more detail.
You must immedaitely seek the return of your son, whether through the police or through the Court. The longer you leave him there, the more you can be accused of "consenting" to the current situation.
We can certainly help you consider and then pursue your options for your son's return. This is obviously a very important matter, and you should not go in alone.
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
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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