Child Custody

questions & answers

Question: If my spouse is awarded sole legal custody does that permit her the right to more the children to another state providing 60 day notice.

Answer: There are two statutes governing this question:  Arizona Revised Statutes, Sections 25-403 and 25-408.  If she gives you the required 45 days notice, she can relocate with the children to another state unless you file an objection in court.  If you file an objection and serve it on her, there will be a hearing.  The judge will consider the best interests of the children.  You may want to talk to a lawyer about this.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means offers a one hour consult with an attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625.