Legal Question in Family Law in Arizona

leaving the state with children

I have children with my husband. We currently live in Arizona. I would like to leave with the children and move to another state. I currently have a order of protection against him. I would like to know if I could be forced to move back to Arizona by him to go thru a divorce. Also, if I file in the other state how will visitation arrangements be made? Will it be my sole responsibility to bring them to him? I am a stay at home mom and feel that I will have more opportunity to support myself in the other state.


Asked on 4/23/09, 12:28 am

1 Answer from Attorneys

Jeff Biddle Biddle Law Firm, PLLC

Re: leaving the state with children

If you leave the state with the children, the other state will not have jurisdiction to make any custody determinations for six months. Arizona, however, can make the decisions and is able to do so while you are out of state. You could always get the order of protection, file for divorce and request temporary relocation. As you can tell, it's not as easy as I've written and having an attorney would certainly help.

If you have questions or would like to meet to discuss your case, please contact my office. We offer payment plans with as little as $500 retainers.

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Answered on 5/01/09, 2:11 am


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