Brother is divorced about 2 months now but has been taking care of his 3 children alone for about the past year. Joint custody was awarded, but ex-wife has basically abandoned the kids. Brother has been sole provider, no financial help from ex-wife. He lost his job, and apartment because he could not afford child-care or rent in Phoenix, Arizona. My brother had to leave the state and come to California to our parents' home for a roof over their heads. Even the ex-wife has not been in childrens' life she is making it difficult that he has left the state. Called police in Arizona and local police came to parent's home in California. They just checked on kids and left. What rights does he have, or what should he do now. He wants to stay in California to have help with kids from family members. Thank You.
1 Answer from Attorneys
Relocation with children is a difficult issue. The statute which governs relocation is A.R.S. 25-408. Without knowing more about what type of parenting plan is in place between your Brother and his ex-wife, I cannot state exactly what the likelihood is your Brother will be able to remain in California. Please feel free to contact The Owsley Law Firm, PLLC for a free 30 minute consultation (623)-748-8973