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

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.

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Attorney answers 2

Best Answer

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.


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-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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