Family Law

questions & answers

Question: I have several questions that need an answer as soon as possible. I am trying to go back home to New Mexico, my homestate, but under custody issues I can not leave the state with my son. If I leave the state I am considered "kidnapping" and I will be in contempt of court. My entire network is in New Mexico and I would love to take my son with me. What should I do? I desperately need to get out of AZ.

Answer: Please keep in mind that this is general information and you may want to seek legal advice pertaining to your specific circumstances.
According to the Arizona revised Statues, If by written agreement or court order both parents are entitled to joint legal decision-making or unsupervised parenting time and both parents reside in the state, at least sixty days' advance written notice shall be provided to the other parent before a parent may do either of the following:
1. Relocate the child outside the state.
There is also a hearing that the other parent can have to dispute this.
(http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00408.htm&Title=25&DocType=ARS)
Please refer to your custody agreement and consult a lawyer for specifics regarding your situation.

QUESTIONS

  • I have several questions that need an answer as soon as possible. I am trying to go back home to New Mexico, my homestate, but under custody issues I can not leave the state with my son. If I leave the state I am considered "kidnapping" and I will be in contempt of court. My entire network is in New Mexico and I would love to take my son with me. What should I do? I desperately need to get out of AZ.

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