Do I file a Post-Decree Temporary Modification Orders Without Notice as an objection to relocating my daughter?

Asked over 1 year ago - Phoenix, AZ

My daughters father gave me verbal notice a week ago that he is moving to California. In addition he is relocating my daughter as well. I am aware that he is required to give me a "written notice" of 60 days in advance. Is his verbal notice enough to suffice me filing a Post-Decree Temporary Modification Orders Without Notice as an objection to him relocating my daughter. We both have joint custody but he is the custodial parent.

Attorney answers (2)

  1. Shannon Bradley

    Contributor Level 14


    Lawyers agree


    Answered . The father is required under ARS 25-408 to send you written notice of his intent to relocate (via certified mail) within 60 days of his intended move. If he does not to that, he will violate the provisions of that statute.
    With that said, since he provided you some notice (verbally), you may file a petition to prevent relocation. It should NOT be filed "without notice." You should provide the father notice by having him served with your petition to prevent relocation.

    The information provided is general in nature and does not create an attorney-client relationship.
  2. Celia R Reed

    Contributor Level 20


    Lawyer agrees

    Answered . I agree with my colleague. You should also request an expedited or emergency hearing so your ex does not relocate before the court has time to set a hearing and rule on the matter.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Relocation and child custody

If a parent with custody wishes to relocate with his or her child, courts will use the "best interests of the child" when deciding whether to allow relocation.

Donald G. Criscuolo

Relocation After Divorce

Perhaps no other area of family law is more emotionally charged and difficult to deal with than the issue of relocation with the children after a divorce. When negotiating timesharing, a... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

21,520 answers this week

2,704 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

21,520 answers this week

2,704 attorneys answering