Legal Question in Family Law in Arizona

joint custody

My son is 15 years and he lives with his dad in Arizona. We share joint custody and his dad has physical custody. My son wants to move to Florida and live with me. His dad says no to him but my son has really expressed to me his desire to move in with me. What can my son or I do to make this happen for him? What kind of battle am I looking at if his father persist in saying no?

Asked on 9/02/03, 6:36 pm

3 Answers from Attorneys

Re: joint custody

You could file a motion with the Court for a change, however it depends on when you where last in court. The son is old enough that his input should be considered. Good luck

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Answered on 9/03/03, 11:11 am
Rich Peters R. J. Peters & Assoc., P.C.

Re: joint custody

A 15 yr olds desires should carry a lot of weight. However, that is only one factor of many. As far as what type of "battle", it can of course vary tremendously.

I can explain the procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

As far as costs, please know that our fees vary depending on your circumstances and needs. We charge $180.00 per hour. Following are some example retainer amounts:

Uncontested matter: $1,100 plus costs

Contested Dissolution: $2,000.00 (prepays first 11+ hours)

Out of State Client: $2,500

Emergency Matters: $2,700 (prepays first 15 hours).

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney


1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004


602.254-1229 (facsimile)

see our web page at

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Answered on 9/03/03, 1:34 pm
Kathy M O'Quinn O'QUINN LAW, P.C.

Re: joint custody

There are several options for you. Many options depend on the last time you made a change or modification in the custody/visitation arrangement with your son. He is of the age now that he can be questioned on his desire. This information is relevant to the court in determining custody and visitation.

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Answered on 9/02/03, 6:46 pm

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