Legal Question in Family Law in Arizona

My ex wife has just notified me that she has gotten married and moved my kids out of state to Texas. In our court order it says she cannot take them out of this county. She has primary custody and I see them every other weekend.and I'm current on my support. She never even got my consent or anything. What are my rights??? what can I do to get my kids back????


Asked on 6/21/10, 2:14 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

You can file a Petition to Prevent Relocation, alleging that she improperly relocated out of state (there is a statute containing specific procedures she would have to follow to leave the state with the children), and asking the court to order that the children be returned to Arizona. Ultimately, the court will decide whether the children's best interests are better served by having them live in TX or AZ.

I recommend you speak with an attorney in the county where your orders were originally entered, and that you do so as soon as possible.

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Answered on 6/21/10, 5:26 pm
Rich Peters R.J. Peters & Assoc., P.C.

You can and should immediately file a Petition demanding the return of the children or a modification of custody/parenting time. She has violated Arizona's rules for relocation.

We can certainly help you consider and then pursue your options.

We have three attorneys. We charge from $220 per hour to $250 per hour. Our retainers can run as low as $500 for demand letters/phone calls, $1200 plus costs for uncontested matters, or from $2,000 to $4,000 for most contested matters.

We also can structure assistance to help you represent yourself if your prefer.

Please remember that a retainer is just a prepayment of time, and is not an estimate as to the total costs of the matter. If I finish within the retainer, than I refund any unearned amounts.

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

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 6/22/10, 8:55 am


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