Legal Question in Family Law in Arizona

I am very close to purchasing a home in another state. I live in arizona now and have a 7 year old son . The father is not very involved, does not pay child support and only sees his son once every few months. There is no custody established and I would like to know if it is a good idea to go ahead and purchase the house I want before it is gone or do i need to wait it out in case the father decides to fight me on it? And what is the probability of the judge siding with him if he did fight me?


Asked on 9/03/10, 6:14 pm

3 Answers from Attorneys

Debra Palomino PALOMINO LAW FIRM, P.C.

To get a better answer for your situation, I would suggest notifying the father of your intent to move and if he has an objection you'll know at that point whether it is wise to purchase out of state at this time.

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Answered on 9/09/10, 10:05 am
Monica Donaldson Stewart Donaldson Stewart, P.C.

If there is not court-ordered parenting time, you are not required to have the father's consent or a court order prior to relocating. You will, however, need to be prepared to establish some sort of reasonable long-distance parenting schedule, and you may be held responsible for most or all of that cost of travel. If the father is not seeing your son frequently, then you may be able to arrange a schedule that does not result in the loss of any time from what he's used to.

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Answered on 9/10/10, 10:58 am
Rich Peters R.J. Peters & Assoc., P.C.

If there are no orders, and you were never married, then (at least right now) he cannot stop you from going.

We can certainly help you consider and then pursue your options for working out child support and long-distance parenting issues.

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 Gina 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 9/14/10, 7:51 am


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