Legal Question in Family Law in Arizona

My boyfriend and I have been living together with his parents for the last year.We have a 4yr old son and a shared custody agreement he obtained when we were separated in 2008. The document says I get my child 3 days a week. My boyfriend once again now says he is ending the relationship and made me to move out.He has our son and I am staying with friends. I have no money to get an apartment and make $7 hr so my outlook is bleak. I am thinking about moving to Utah to stay with my parents until I can get on my feet again.He won't let me take my son with me to Utah and will not agree to any visitation schedules with me.Says he won't allow my son to come to Utah to visit. Says if I want to see my child I have to stay in AZ and get my own place. If I move to Utah what are my options to change this agreement so I gain full custody or a adequate visitation schedule.


Asked on 11/11/11, 1:24 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

It is good that you at least have some kind of court-ordered (???) shared custody agreement. Clearly, you will want to get that revised if you want him more days out of the week or if you want to relocate out of state. Also you don't state your child's age, which could make a difference as well (such as, are they school age yet? teen or preteen?). If you are seriously thinking of moving to Utah, you will need to write, sign, date and deliver a letter to him by certified mail-return receipt-restricted delivery (if anyone else lives in his household) at least 60 days before your planned move, stating your plans in as much detail as possible, including where you would live initially, where the child would attend school, who would live with you, what kind of support network you would have (extended relatives, friends, etc.), where you plan to work and/or attend school, that kind of thing. You need to read the relocation statute: http://www.azleg.state.az.us/ars/25/00408.htm. If he doesn't agree to the relocation (which it sounds like he wouldn't if he's trying to blackmail you into staying put), he can request a hearing with a judge. But that's his responsibility. Best of luck to you!

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Answered on 11/11/11, 10:41 pm
Rich Peters R.J. Peters & Assoc., P.C.

I WOULD NOT LEAVE ARIZONA WITHOUT A PLAN IN PLACE or without filing for appropriate Court orders. If you do, you are putting yourself in a difficult position to then seek primary custody.

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.

We have three attorneys. We charge from $220 per hour to $250 per hour. Our retainers can run as low as $500 for demand letters/phone calls, $1200 plus costs for uncontested matters, or from $2,000 to $4,000 for most contested matters. We can also structure assistance to help you represent yourself if your prefer, whether by the project or by the hour.

Please remember that a retainer is just a prepayment of time, and is not an estimate as to the total costs of the matter. If I finish within the retainer, then I refund any unearned amounts.

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 1/2 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 Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 11/14/11, 4:20 pm


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