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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I live in Minnesota, my ex-wife lives in Arizona and she has

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I live in Minnesota, my ex-wife lives in Arizona and she has full custody of our 12 year old daughter who wants to live with me. What do I need to do to make this possible? Is my daughter old enough to make this decision? Do I need to contact a lawyer or the child support department? Thanks!

Dear JACUSTOMER- The first step is to file a motion for a change of custody with the court that issued the custody order. The child cannot make the final decision since the court determines custody based on the best interests of the child but a 12 year old's wishes will generally be taken into consideration.

 

I'm not certain from your facts where the divorce action took place but you will most likely have to have the case transferred to AZ in order to have jurisdiction. Obviously if you are successful then child support would be transferred to the mother based on the guidelines set by the court. In any event, you will probably need to consult with a lawyer due to the different jurisdictions involved.

 

Dave Kennett

Customer: replied 7 years ago.
The divorce took place in Arizona about 4 years ago. The mother maybe okay with this if so do I still need to have a lawyer or can we do this on our own? This might be a silly question but how can I contact AZ court to get info?

You can't get any information from the AZ courts since they cannot provide legal advice except to tell you if they would have forms available for the public. You don't have to have a lawyer but doing this from MN might be a bit difficult unless the mother is truly on board with everything. If she is you can file an agreed entry with the court for a change of custody. You would also have to have your child support terminated and also deal with possible support from the mother.

 

The attorney, if any would have to be in AZ since a MN attorney could not handle the case. If the parties agree then this is a relatively inexpensive process, even with an attorney.

 

Dave

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