Child Custody

questions & answers

Question: My ex wife has decided to quit her job, remove my daughter from school and live abroad for a year (and homeschool my daughter). While I do think this would be a great experience for my daughter, I do think a year is too long and I also struggle with the fact that her mother may meet someone there and never move back home. What legal action can I take PROACTIVELY (prior to her leaving the country) to make sure that it is a court order that she is only there for 6 months maximum and that she is required to send proof of homeschooling to me.

Answer: The two of you can always write up an agreement and sign it in front of a notary.  However, she may not be willing to go along with that.  In that event, you will need to go to court and ask for an order limiting the child's time abroad.  This is not one of those simple, common procedures that will enable you to find appropriate forms on the court's website.  Your best bet is to sit down and craft something with a lawyer.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.

QUESTIONS

  • My ex wife has decided to quit her job, remove my daughter from school and live abroad for a year (and homeschool my daughter). While I do think this would be a great experience for my daughter, I do think a year is too long and I also struggle with the fact that her mother may meet someone there and never move back home. What legal action can I take PROACTIVELY (prior to her leaving the country) to make sure that it is a court order that she is only there for 6 months maximum and that she is required to send proof of homeschooling to me.

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  • State Bar of Arizona
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    Referral number 602-257-4434
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    Referral number 520-623-4625
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