Legal Question in Family Law in Arizona
My wife has sole legal custody of three minor children and joint physical custody. but the children have always lived with us and attend school within our school zone. they are supposed to share a 50/50 joint physical custody plan set by the court but the father has never abided by it. he only sees them sometimes on the weekends and only for a few hours, just to give them money for miscellaneous things. we are planning on relocating to seattle, washington because i am getting a transfer from my current job in phoenix,az. the three children whose ages are 16,13, and 6 agree on moving with us to washington state. since we haven't given the father 60 days notice of relocation, i want to know how we can move in such a short time frame. i will start my job in bellevue,washington in september 5, 2010. can you tell me how i can do so legally?
2 Answers from Attorneys
It is extremely important you abide by the rules under 25-408. You can google Arizona Revised Statutes. There is a notice provision. However, if you are leaving for a new job, you may leave on a temporary basis pending a court determination, with less than 60 days notice. Please read the statute and make sure you comply.
Your wife risks a court orders her to return the children. Technically, if she is to share 50/50 then she cannot leave without agreement of father so be very careful.
She needs to file a Petition to Allow Relocation immediately. It sounds like she will have strong facts in support.
We can certainly assist. This is obviously a very important matter, and she 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 Gina 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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