Legal Question in Family Law in Arizona
What are we looking at?
My husband and I are going to be moving to Arizona, and would like to seek custody of his children (12, 10, 9). Is there a waiting period of how long we have to be residents of Arizona? She lives in Utah so would we need to file in Utah or Arizona?
2 Answers from Attorneys
Re: What are we looking at?
Generally speaking, the case needs to be filed in the state where the children reside.
Re: What are we looking at?
If you were divorced in Utah, and if the children are still in Utah, then Utah law determines the custody issue. You will have to fight that battle here. You will have to file a Petition to Amend the Decree, and request a custodial evaluation (cost $1500 to 5000). Because you are moving, the custodial evaluation may be more to cover the costs of the evaluator in travelling to Az.
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