QUESTION
Can my sister take her baby of (3 months old) from AZ to NM where she is from?
Asked on Dec 07th, 2015 on Child Custody - Arizona
More details to this question:
My sister and her ex-boyfriend had a son 3 months ago, the reason they broke up is because he cheater on her and since he has been verbally abusive and threatening. She moved to AZ with him two years ago to start a life together but she has no family there so she wants to move back home to NM with her baby to be with family and start a life there. She doesn't want to lose her baby but doesn't want to stay in AZ. She wants to go to NM and file for custody there, is that the right thing to do?
1 ANSWER
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The Court will look at many factors in determing whether the child should live primarily with mother or father, including looking at how the parents have shared time the past 3 months, the family support each has, employment opportunities, domestic violence, the needs of such a young child, and how the child will travel and spend time with each parent. For example, if dad also has relatives in the same New Mexico area, he now has a place to stay when he comes to see the child. If they are both living near the Arizona/New Mexico border, regular parenting time could occur. The Arizona law is 25-403 and 25-408.
Your sister should meet with an Arizona attorney to discuss the relocation in greater detail. She should also talk with an attorney in the local area of New Mexico that she wants to move to. She will want to do this immediately as her case may be stronger now than in a few months. Our initial consults are free for 30 minutes and $80.00 for one hour.
Marie Zawtocki, Attorney
480-655-0733
Answered on Dec 14th, 2015 at 2:13 PM