questions & answers

Question: I have sole legal decision making of my daughter and I was planning on filing for an out of state move. My ex gets out daughter on the weekends and after missing last weekend, she informs my that see will be in Chicago for a month maybe longer for a family tragedy. Now whether or not if that is true does that change the way that I file or will I have to wait for her to come back whenever that maybe.

Answer: If you can catch her before she leaves for Chicago or if you know where she will be staying when she gets there, you can file your petition and serve her with the papers.  If you must relocate for work, A.R.S. Section 25-408(F)(1) allows you to temporarily relocate with the child before the 45 days notice to you ex has expired.  If you are unsure how to proceed, you may want to spend the time to talk with a lawyer.  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  will arrange a one hour consult with an experienced 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. If you do  not have sufficient money to pay for a reduced fee consult, you can go elsewhere on this website and apply to see if you qualify for a free lawyer.  Go to http://www.azlawhelp.org/accesstojustice.cfm