Can a Divorced Parent Move a Child Out of State in Arizona?
When Arizona divorce lawyers get calls from frightened parents, it’s often because their ex has threatened to move their children far away. Nothing scares a mother or father like the idea of not seeing their kids. If this is what you’re going through right now, you need to call our office. Your attorney will fight the motion and do everything in their power to keep your kids safe and close by.
Did Your Ex Already File a Motion to Move the Children Away?
When you meet with your attorney, let them know if your ex has simply said they want to move. If they haven’t filed a motion yet, you can actually ask the court to enjoin them from moving. If, however, they have already filed a motion of their own, you’ll need to file a response and a motion in response to theirs. Once the court received both sets of papers, they’ll make a tentative decision on the matter. You will get a chance to appear before the court. This is when the judge will either hold firm to their original opinion or change their mind. Once they announce their decision, they’ll sign an order. This order will either allow or prohibit your ex from moving your children out of state.
Your Arizona Divorce Lawyer Must Respond to the Motion Immediately
If you receive word that your ex is threatening to move your children out of state, they likely filed a motion with the court. You will be served with a copy of this motion. You’ll only have a week or two to respond. You will need to meet with an Arizona divorce lawyer immediately after receiving the motion papers. They’ll need time to craft a response and get it filed with the family courts.
If you don’t reply to the motion, the court is likely going to grant your ex’ wishes. You could end up with a signed order saying the other parent has permission to move your kids clear across the country. Once this happens, it will be very difficult to get the court to change their mind. By the time you appeal to the court, your ex could have already settled into their new home. They may have gotten your kids enrolled in the local school system. It will be a lot harder to get the court to force then to move back at that point. The judge may not want to uproot your children yet again. Instead, they’ll likely order your ex to allow additional visitation time instead.
What if the Child’s Parent Took Them Away Without Permission?
There are instances where the child’s other parent takes them out of state without your permission. Hopefully, this was just for a vacation. The idea that somebody would actually move out of state with your children is unfathomable. However, it does happen. If this is the case, your Arizona divorce lawyer will have to file for immediate relief. You don’t want to give your ex any more time than necessary to get your children settled.
Once the courts learn that your ex did this, they should work with your attorney to remedy the situation. They may issue an order demanding that the child’s mother or father return with the children. They may declare it a kidnapping and get law enforcement of child protective services involved. Ideally, it won’t come to this. But, if it does, your lawyer will be by your side throughout the ordeal.
You Should Meet with a Skilled Arizona Divorce Lawyer
If your spouse or ex-spouse has taken your children out of state, you are probably afraid and angry. You’re in no position to handle this sort of thing by yourself. It’s a good idea to call and speak with an experienced Arizona divorce lawyer as soon as possible. Time is of the essence in these situations. You want to make sure you reach out to the courts for protection right away.
As scary as this sort of thing can be, you have to trust in your attorney. The courts are not going to allow your ex to take your kids away from you. It’s one thing to move from one town to another. It’s an entirely different story to move your children to a different state. You have rights and you need an experienced Arizona divorce lawyer to protect them for you. Call today and set up a date and time to meet with one of our seasoned attorneys.