Legal Question in Family Law in Arizona

I am married to a British Citizen and have a daughter with a British passport. My daughter and I travel back and forth between the 2 countries as he is unable to leave the UK, he is military, and I have children from a previous marriage who are not allowed to leave the country. I have had difficulties in getting a US birth certificate for her but am able to get a US passport for her with the signature of my husband. He is not willing to give it. The reason for this email is as it stands right now, we are on the brink of divorce although it is not something I want. He, because he is angry, has decided he is going to come to the US and take our daughter back to the UK leaving me here. There is nothing filed with the court. No divorce, legal separation and so no custody arrangements. What recourse do I have should he show up in the US and demand our daughter? What can I do to prevent him from leaving the country without my permission? Do I legally have to give him her passport? What are my options?

Asked on 7/31/13, 10:54 am

1 Answer from Attorneys

Rich Peters R.J. Peters & Assoc., P.C.

Without any Court Orders, you both have equal rights. It is therefore best to get something filed. I wonder whether Arizona would have jurisdiction over him or the children. I would need to know more.

Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Paige or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004


Fax (602)254-1229

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Answered on 8/01/13, 11:56 am

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