Can the mother of my sons children legally move the kids to another state?

Question:

Can the mother of my sons children legally move the kids to another state?

My sons fiance who has lived with us in Arizona for six years with their two children just left with the kids to Florida to live with her dad. What are my sons rights? Can she legally do this since they never were married or filed for any parental custody?

Answer:

Your son needs to immediatly file a Petition for Legal Decision Making and Parenting Time together with a Motion to Return the Children and Motion for Temporary Orders. The timing of this paperwork is crucial. Arizona is now the home state of the children. However in 6 months Arizona loses that designation and cannot enter orders regarding these children. Also the longer the children are away from Arizona the less likely that the court will order them returned to Arizona to live. Your son needs an attorney. Many attorney’s, including us, offer a free consultation.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: http://www.sampair.com/.