Parent moving out of state, no custody agreement?

My brother lives in MN and his ex-girlfriend with whom he has two kids with just informed him that her and her new boyfriend are moving to AZ and taking the kids with them. My brother told me they have no written custody agreement but are basically doing shared custody right now and he is paying child support, I've seen the legal letter on his fridge. Can she do this? I have told him to call a lawyer right away but was wondering what he has to look forward to? Will they likely give one parent custody during the school year and the other during the summers? Any help is great.

The letter on the fridge was from the state agency that child support goes through, forget the name of it in MN. I told him that he needs to get to a lawyer and get things lined up so they have a legal custody agreement. They were never married. They have previously gotten along but he says not so much since she became pregnant with new boyfriends kid. All relatives are right where my brother lives. Kids are 5 and 3, I think.

In the state of Arizona, child support and custody are done in different/separate courts. In child support hearings in Arizona, custody is considered a separate matter.

If he is ordered to pay child support, then he is legally the biological father, which is good, since paternity has already been established.

Anyone that has physical custody of a child/children can apply for child support, even if custody has not been established in court. Tell him to get an attorney that knows about Arizona law, since that is where the children are located. He does have a right to see his children-that is the most important issue here.

without a court ordered custody agreement there is not much he can do..either he works it out with her or he files for court ordered custody..if he files they will prevent her and the kids from moving until the issue has been resolved

You have no written custody agreement -- Visit the kids in Arizona. If the XGF will let you...

the legal paper on fridge? is that for court ordered child support? if yes- then she has the right to move but she needs to inform the child support agency of where she is moving to so that the support money goes to where she lives. as for custody- only MY opinion- IF he wants partial custody then he needs to take her to court and fight it out there. most the times I have heard they give physical custody to the mothers-unless they are unfit. yes the judge will suggest they split up the summer. he would get them summer vacation. the mom needs to contact Arizona child support division and also MN
child support division to let them know of her move.

There is information that is of the utmost importance that is missing. First off, has he been court ordered to pay child support? is there any visitation documentation? Has he ever had a DNA test to prove he is the father, thereby legitimizing him as the father?

You don't need to answer those here, but if the answer is no, then there isn't much he can do, except go to court to be legitimized, and exercise his rights. Since you said ex-girlfriend, I will assume they were not married at the time of conception or birth.

In essence, I don't believe he can prevent her from moving, BUT if all of the documentation is there, then he can make HER pay for the transportation costs of the children. Another thing is that he needs to get moving on court documentation NOW if he wants to keep the jurisdiction in MN. She would have to meet the residency requirements to move the jurisdiction to AZ. If she gets that opportunity, he will be forced to go to AZ for the court hearings.

Also, if they have been able to be amicable until now, perhaps seeking out a mediator in this matter would be beneficial. That way they can get everything hashed out and file the documents before she moves.

I pray he does not not give up. He is a part of his children's lives, and not to fight will damage them emotionally for years to come. In their eyes, not fighting for them will be the same as abandoning them. However, there is a fine line between fighting for them for their benefit, and making the fight damage them as well. Try to keep it as civil as possible. Afterall, she is their mother, and they should be able and comfortable in expressing their love to BOTH of their parents.

Depends on the state.

IIRC, some states DO require a parent to have court permission to take the kids away form the non-custodial parent, even for a job offer.

The justification is that the custody agreement is governed by what "is in the best interests of the child". What the final arrangement would end up to be is totally negotiable.

certainly an attorney can advise on the best way to proceed, whether such a law is in place or not.

He absolutely needs an agreement IN WRITING. Obviously, she is in the position to take the kids and leave, and yes, she can do so unless there is a COURT ORDER stating otherwise. She is also probably not going to sit down and do this willingly - she has moved on figuratively and now is planning to do so literally. Your brother needs to have documentation of when he has had the kids, support he has paid, activities he has attended, etc. And a lawyer is the best way to ensure he gets a fair chance. Good Luck!