Legal Question in Family Law in Arizona

In my divorce decree it states I can not move my kids more than 12 miles from a set location. I signed this decree 3 years ago and now need to move. I would like to move the kids 15 miles from the agreed upon location and my ex is fighting me because of the extra drive time. I have already agreed to drive the kids to school on my days and pick them up. Can he stop me from moving? We currently have joint custody and parenting time.


Asked on 2/15/16, 8:58 am

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

I am so sorry to hear that. Unfortunately the decree governs unless the two of you can reach an agreement to modify. You could always file a petition with the court to request modification of this aspect of your decree, because that does seem unduly restrictive, especially given the large geographic size of the Phoenix metro. Best of luck!

Read more
Answered on 2/15/16, 9:20 am
Rich Peters R.J. Peters & Assoc., P.C.

I cannot imagine that your Judge would not allow 3 extra miles if the move was otherwise in the child's best interests, especially given your offer to provide all additional transportation. I would expect the Court may find father's resistance unreasonable.

HOWEVER, because it is such a specific Court Order, I would advise that you take steps to have the Order modified either prior to the move or concurrently.

Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free � hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Sasha to schedule your free � hour consultation.

Read more
Answered on 2/24/16, 9:10 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona