Child Custody

questions & answers

Question: My boyfriend lives in Texas but his daughters like in AZ he and the mother have joint custody;what is his visitation rights?

Answer: Depending on what state custody was established in warrants the rights that your boyfriend has with his children. Assuming that custody was established in the state of Arizona and then the father moved to Texas after the fact, under A.R.S. § 25-408, subsection B, states that there must be at least a sixty days’ advance written notice provide to the other parent before a parent may relocate the child outside of the state or relocate the child more than 100 miles within the state. However if the court has already granted permission for the relocation, or if there was previous written agreement within the last year concerning that relocation this rule will not apply. A.R.S. § 25-408 also provides different rules for when an how a parent may take a child out of state on a temporary basis, including pressing needs such as health, safety or employment of the parent. Under A.R.S § 25-411 you can also submit an affidavit or verified petition to modify any type of legal decision-making or parenting time order setting forth details and facts supporting the requested modification. You must also provide I copy to the other party who may then file opposing affidavits. I the court see reasonable cause for the modification a hearing date will be set. If custody was established in Texas, I suggest you seek out an attorney located within that state. It may also be to the benefit of both parties to establish visitation agreements outside on the courts. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00411.htm&Title=25&DocType=ARS http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00408.htm&Title=25&DocType=ARS