Child Custody

questions & answers

Question: I live in Idaho and my daughters live in Arizona. I'm still married with my ex and my daughters want to live with me now. I was wondering if her parents could prevent me from taking them back to Idaho. Or do I have to take this to court?

Answer:

Parents share rights and responsibilities regarding their children.  When parents divorce or legally separate, a court must determine how to apportion the rights and responsibilities of the parents.  This is always done using the standard of "best interests of the child."  A.R.S. 25-403.  If a court has issued an order regarding custody and parenting time, then that order will control who the children live with and whether they can be relocated.  If an order has been issued, Arizona law permits the order to be modified, under certain circumstances.  A.R.S. 25-411.  If previous orders were issued by a court in another state, there may be an issue as to which state has continuing jurisdiction over the matter.  For more information about custody and parenting time, consult AZLawHelp's article Things You Should Know About Custody and Parenting Time.