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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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My sister is going to court tomorrow morning because her

Resolved Question:

my sister is going to court tomorrow morning because her estranged husband served her with papers saying she needs to move back to Arizona with their infant son. My sister moved away after they mutually decided to end their marriage, after 9 about 9 months of suffering emotional abuse at his hand. He initially told her it was okay to move and take their child. Now he has changed his mind, and he has hired a lawyer. 2 things: how can i get a letter to the judge so i can vouch for her character and that she is clean of drugs and emotionally stable, and are there any services available to her so she might be able to have assistance with her legal issues. She has no job and currently has no means to pay for a lawyer.
Submitted: 7 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 7 years ago.
Unfortunately the judge can not consider a letter from you or anyone else because that is not legally acceptable. If it comes down to the need for a trial you must appear in person as a witness unless the judge will allow you to appear by telephone which is very very rare. Regarding legal representation, she would have to ask the judge is an attorney can be appointed to represent her.
Customer: replied 7 years ago.
Thanks for your help. you just saved me hours of work, so the $48 is worth it. :) do you think she has any chance of winning her case, which is that she wants to stay in ca so her sister can help support her while she goes to school and develops a skill so she can one day support herself and her son. if she stays in az, she will have to rely on the state for welfare assistance, and may never have the opportunity to go to school. her husband is an alcoholic and is emotionally abusive. she does not want her son left alone with him. what can she do?
Expert:  Daniel Solutions replied 7 years ago.
I truly wish I could answer your recent question but there are too many variable factors to consider that prevents an education statement as to the possible outcome. the judge will consider this case to be a relocation case so there is no way to say at this point.
Customer: replied 7 years ago.
there is no way i can get a letter to the judge to give a character reference for my sister and to plea for her case to stay in ca, unless i'm called as a witness?
Expert:  Daniel Solutions replied 7 years ago.
That is corrrect. What you want to is call "ex parte communication" which is not allowed. Also character witnesses are not as important as people assume.

A custody relocation issue occurs when one parent wants to move with the children either outside the State of Arizona or within 100 miles from their current location within the State of Arizona.

If there is a custody order or custody agreement in place that gives both parents rights to the children, the parent seeking to relocate with the children must give the other parent written notice at least 60 days in advance of the anticipated custody relocation date. It is important to ensure that notice complies with the appropriate statutory and procedural rules, as sanctions could be imposed by the Court if relocation occurs with insufficient notice.

Within 30 days of receiving notice of the intended custody relocation, the nonmoving parent may petition the Court to prevent the relocation of the children. The parent seeking to relocate with the children also has the right to petition the Court for a hearing to determine the appropriateness of the custody relocation. Upon either parent’s request, the Court will set a hearing to determine if the custody relocation is in the children’s best interests. The party seeking to relocate has the burden of proving to the Court that the custody relocation is in the children’s best interests. In determining the children’s best interests, the Court will consider all relevant factors, the custody factors under A.R.S. § 25-403, and the factors set forth in A.R.S. § 25-408, the relocation statute. The full text of A.R.S. § 25-408 is set forth below.

In determining the child's best interests the court shall consider all relevant factors including:

1. The factors prescribed under section 25 403.

2. Whether the relocation is being made or opposed in good faith and not to interfere with or to frustrate the relationship between the child and the other parent or the other parent's right of access to the child.

3. The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child.

4. The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders.

5. Whether the relocation will allow a realistic opportunity for parenting time with each parent.

6. The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child.

7. The motives of the parents and the validity of the reasons given for moving or opposing the move including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations.

8. The potential effect of relocation on the child's stability. J. The court shall assess attorney fees and court costs against either parent if the court finds that the parent has unreasonably denied, restricted or interfered with court ordered parenting time.

K. Pursuant to section 25-403.06, the noncustodial parent is entitled to have access to documents and other information about the child unless the court finds that access would endanger seriously the child's or the custodial parent's physical, mental, moral or emotional health.

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