Other Family Issues

questions & answers

Question: My ex-wife has custody of my dauther and has filed a petition with the court to take her out of the state? What is my defense to keep her here.

Answer:

First, begin by looking at any past court orders or agreements, to see if anything has been agreed upon in the past concerning the relocation of your child. A parent with joint custody of a child must give the other parent notice of his or her intent to relocate the child under A.R.S. § 25-408(B) . The notice must be in writing and must be submitted 60 days in advance of the relocation. The notice should be sent via certified mail, return receipt requested, to ensure delivery. The other parent will have an opportunity to submit a petition to the court opposing the relocation of the child. The court will decide whether relocation should be permitted. Unless there is an emergency situation warranting relocation, the court will consider the best interest of the child when making its decision. The factors the court will consider are listed under A.R.S. § 25-408(I)  and A.R.S. § 25-403. The parent wishing to relocate the child has the burden of proving the relocation is within the child’s best interest. A parent also has the option of petitioning the court to modify a custody order and obtain full custody. However, the parent wishing to modify custody must prove that there is a substantial and continuing change of circumstances that warrant a modification. According to the Arizona Rules of Family Law Procedure, Rule 91(e)(1), a petition to prevent the relocation of a minor child pursuant to A.R.S. § 25-408 shall be considered a request to modify a prior court order. The Arizona Rules of Family Law Procedure can be accessed online here.

Family law matters can be very complex and complicated. If you decide you need a lawyer please visit our website and learn more about legal aid options that may be available.