questions & answers

Question: I would like to know the law regarding children visiting family members outside the state. i understand that a parent can't take a child out of state without the others permission, but can children go visit family members without the other parent standing in the way/ My ex prevented my children from visiting HIS family over the winter vacation, because he would not give consent and told everyone that they would be violating a court order if they went. is that true or can the children leave the state if they are not with a parent/

Answer: If a court order pertaining to custody exists, there is a good chance that it has provisions relating to travel, such as the requirement of consent either in writing or verbally. If the court order has no instructions and you are still having trouble taking the child out of state, you can consult an attorney and get a court order to stipulate traveling plans. Further, grandparent visitation rights are discussed in A.R.S. § 25-409. The statute details that the Court may allow visitation if the Court determines that such visitation is in the best interests of the child and if the parents of the child have been divorced for at least three months. To determine best interest, courts may look at the historical relationship, motivation of the requesting party, motivation of person denying visitation, quantity of visitation requested, and potential adverse impact on child’s customary activities.