Child Custody

questions & answers

Question: My Ex and I share 2 children in a 50/50 custody parenting plan. My husband and I are relocating to GA taking over his family business. and have sent our intent to relocate over to him. We received an objection back as expected. What are the next steps on our part after receiving the objection? Do courts take into consideration the children's preference of whom they would like to live with? (middle school aged) We received a consultation from a lawyer who blatantly told us that unless he was a drug addict or abuser, we would not be granted permission to move with them. Please help.

Answer: The answer to your question is governed by A.R.S. Section 25-408.  There will be a hearing and the Court will consider the best interests of the child and look at all the factors listed in the statute.  One of the key issues will be the best way to preserve the child's relationship with his or her natural father.  Are you willing to pay transportation costs or a substantial portion of those costs to ensure the children have adequate time with dad?  The court may consider the children's wishes, but the law places great value on preserving parent/child relationships.  Your best option is to come to some agreement whereby you send the children back to Arizona to spend vacations with their dad several times a year. I have seen cases where the relocating parent agrees to pay to send the children back to Arizona for summer vacation, winter break and spring break.   If you cannot agree on a plan that will work for both parents, you will need to present your best case in court. A lawyer is the best person to help you do that.

QUESTIONS

  • My Ex and I share 2 children in a 50/50 custody parenting plan. My husband and I are relocating to GA taking over his family business. and have sent our intent to relocate over to him. We received an objection back as expected. What are the next steps on our part after receiving the objection? Do courts take into consideration the children's preference of whom they would like to live with? (middle school aged) We received a consultation from a lawyer who blatantly told us that unless he was a drug addict or abuser, we would not be granted permission to move with them. Please help.

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