Phoenix, AZ asked in Child Custody and Child Support for Arizona

Q: I have legal custody of my child. Divorced in different state. AZ is joint. Do I have to file in old state?

I work odd hours. Unable to take my children to school and watch her at nite. Ex husband wants full custody. I agree for child to live with him. Do I give up my rights? Divorced in MN and ex and I are living in AZ. AZ is joint state

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: You should move the case here. You need to register your MN order here (you'll need two certified copies from Minnesota, and complete the other requirements for registering). Then you and your ex-husband can fill out a new Parenting Plan, both sign it and have it notarized and submit it to the Court for approval.

Custody has two components: (1) legal decision-making, and (2) parenting time. From what I understand in what you described, it sounds like he has to be the "primary residential parent" (the parent the child lives with most of the week). But you should still have a parenting plan that gives you some time. But nothing in what you described prevents the two of you from exercising joint legal decision-making, meaning both of you should have an equal say in picking the child's school, doctor, etc.

Child support will likely need to be updated as well. You'll have to fill out a Child Support Worksheet, but the two of you can decide to do something other than what the Child Support Worksheet says.

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