Can he get joint custody if he lives out of state?
My husband left my children and I and moved to Northern California. I filed for divorce in Arizona, where I live and where we were married. I filed for sole legal and physical custody but now he is fighting for partial legal and physical custody. I understand why he may be given joint legal, but how can he possibly be granted joint physical if he no longer lives in Arizona? I filed the divorce pro se, would I probably get both types of custody if I had a lawyer?
Answered By: Cox & Ryan, PLLC
There are two forms of custody: legal and physical. Legal custody has to do with who makes medical and educational decisions for the children. Physical custody has to do with where the children spend their time (ie visitation). As for the arrangements for out of state, legal custody can be either joint or sole depending upon whether there are fitness issues. Often sole can be awarded just because of the logistical issues involved with being out of state. As for physical custody, a long distance parenting time schedule can be put into place. Travel expenses and the exchange times, locations would have to be either agreed upon or ordered by the court. Having a lawyer can help you in the sense that your procedural options and the risks of each can be explored and explained to you. A lawyer can also provide an emotional buffer between you and your spouse so that you do not have to deal with often contentious issues and trying to negotiate them on your own.
Answer Applies to: Arizona
Replied: 8/12/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Arizona
Replied: 8/12/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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