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Roy N. Martin, Attorney and Counselor at Law

Roy N. Martin, Attorney At Law, Roy Martin is a graduate of Johns Hopkins University (Bachelor’s Degree, 1985: Biology, Chemistry, Physics and Math), and of the University of Arizona, (Juris Doctorate, 1996 Magna Cum Laude). Having excelled in law school, graduating 13th in a class of 164, and having served on law review, he chose to practice domestic relations law based on his own personal experience. In his first year of law school, he went through a very difficult divorce. He went back to court to re-litigate custody in his second year of law school. He completed law school while serving as the sole custodian of his two children. He now practices law while raising his children on his own.

(Although Roy Martin is an attorney, he cannot provide legal advice in this Forum. Therefore, the information posted here shall not be deemed legal advice and does not substitute for a thorough legal consultation with a competent domestic relations attorney. Exchanging information with Mr. Martin shall not result in your establishment of an attorney-client relationship with him, nor shall it prevent Mr. Martin from entering an attorney-client relationship with your spouse. Information posted in this Forum is not confidential. Therefore, do not post anything you wouldn't want your spouse, the court, or anyone else to know. Legal information provided by Mr. Martin is specific to the State of Arizona, and shall be presumed invalid in all other jurisdictions.)

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#216627 - 04/16/09 01:15 PM Have to move.
logan5 Offline
Member

Registered: 08/07/06
Posts: 7
Hi there, I have a question concerning the pitfalls that I might encounter moving from Tucson To Tempe.
I have been divorced for about 3 years now and share custody of my 5 year old son, my ex has physical custody. I get my son 3 days a week. I have recently become unemployed and cannot find a job in the Tucson area. I can however get a job up in Tempe. I am willing to cover transportation costs and still pick up my son and drop him off. My ex seems willing to modify my time with my son to facilitate this.
My question is, is there anything in the Arizona law that could potentially come back to bite me in the butt later? Are there any steps I should take in order to protect myself and my time with my son?
Thanks!

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#216633 - 04/16/09 02:11 PM Re: Have to move. [Re: logan5]
BeaverFever Offline
Superstar
***

Registered: 11/29/04
Posts: 6787
Loc: Houston, TX
You should get a domicile restriction to keep your son and ex in Arizona. You should also get the new schedule in a modified order instead of just getting her to agree to it.

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#216638 - 04/16/09 02:42 PM Re: Have to move. [Re: BeaverFever]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
Not knowing the distance between the two areas I did a basic search on mapquest and see that its almost two hours? He's also 5 and if not in school yet, will be by the start of the next school year. That's an awful lot of driving in one direction to get him there on school days. Would you basically be taking him every weekend maybe? That could work.

I would go for a temporary modified schedule at first, to be reviewed six months into the new job. There's always a possibility the job will not agree with you or another job opportunity might turn up closer to home.
_________________________
When you know better, you do better -- Maya Angelou

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#225453 - 09/22/09 04:08 PM Re: Have to move. [Re: HevnMaidMe]
RoyMartin Moderator Offline
AZ Forum Moderator
Member

Registered: 01/28/06
Posts: 157
If one parent seeks to relocate a child outside the State of Arizona or more than 100 miles within the state, A.R.S. 25-408 applies. When parents share physical custody, that statute applies too. It spells out the steps one must take to provide notice to the other parent. If the two of you can reach agreement on modification of the existing orders, those modifications should be committed to a court order by stipulation. If you cannot reach agreement, you may find yourself in court, asking the judge to modify the parenting plan.


Edited by RoyMartin (09/22/09 04:10 PM)
_________________________
Roy N. Martin, Esq.
Forum Moderator
(520) 628-8900
http://www.creativedivorce.com

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