Q: Is there a law in AZ on how far a parent can live from a childs school?
My ex and I have 50/50 joint custody that we agreed upon in 2017 in mediation, before that I had full custody and he had alternative weekends. I have final descion making. He moved 50 miles away from me/the children's school. I am primary residential parent and have been since 2016 divorce. Is there a law on how far a parent can live from the child school in Maricopa County? I have been asking him constantly to let me have school days since the children have to drive three freeway systems and over an hour every morning and an hour at night to his new residence. I believe this is detremental.
A: No, there is no law that imposes any maximum distance or commute time. It would be your burden to prove specifically how the commute is detrimental and that the detriment is more significant than any detriment that would result from modification of the parenting schedule. Based only on what you provided, it will be very challenging. If you can obtain attendance records that show the children are regularly late to school during the other parent's parenting time or that their academic performance suffers on those days, that would really help you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.