questions & answers

Question: My divorce was processed in AZ, but my son and I now live in Mt. My son 16 year old son does NOT want to go back to Az for visitation with his father. What is his rights ? Does he have to go? Will I get in legal trouble if I do not force him to go ?

Answer: A child is not legally emancipated until 18 years of age, and therefore is subject to the agreements of the divorce settlement (ARS 12-2451). Refer to the divorce settlement, which should provide for the determination of the custodial parent and visitation rights. There is a handbook entitled “Things You Should Know About Custody and Parenting Time”, which provides information about custody, visitation rights, complying with the original divorce settlement, and any proposed changes wishing to be made to the original agreement. For example, if the custodial parent wished to move out of state, he or she must give the other parent a 60 day notice before the child can be moved. This is specified under A.R.S. § 25-408. For any additional questions and concerns, refer to AzLawlHelp, under the Family and Children section regarding visitation.