Courts, Legal Basics

questions & answers

Question: I have been seoerated from my husband for the last 8 week. He told me to take my two boy age 6 & 8 and move to my sisters in Nevada. I have both boys in school here and have a new job . befor my paper were filed with the Nevada. He filed in AZ. I was served today with paper stating I must return the children to Flagstaff. I need to know what I can do to appeal this discision. My husband has anger issues he is bypolar and has very eratic behavior

Answer:

There are mulitiple factors that one might want to consider.  The statute that governs whether a parent may or may not take their child to another state is  A.R.S. § 13-1302(A)(2)  and (A.R.S. § 25-408(B))

Also, if one parent withholds the children from the other, this could be used as evidence against tduring the final custody determination. (See A.R.S. § 25-403(A)(6)
Among many, many other statutory factors, I am sure that the court will also consider:
(a) why the parent felt he needed to leave AZ;
(b) whether a less drastic measure would have resolved his problem;
(c) the degree to which the parent consulted with the other parent about relocation;
(d) the degree to which other parent objected to relocation; and
(e) whether the parent used the threat of taking the children to another state as a tool to get something else he wanted from the other parent (that the other parent refused to concede).

However, because Family Law is extremely complicated, you may want to look at some of the resources available through the organizations list on this website. Additionlly, you may want to contact the Maricopa County Lawyer Referral Line, the Pima County Law Referral Line or the State Bar of Arizona Find a Lawyer Website to see if a family law attorney can assist you.

QUESTIONS

  • I have been seoerated from my husband for the last 8 week. He told me to take my two boy age 6 & 8 and move to my sisters in Nevada. I have both boys in school here and have a new job . befor my paper were filed with the Nevada. He filed in AZ. I was served today with paper stating I must return the children to Flagstaff. I need to know what I can do to appeal this discision. My husband has anger issues he is bypolar and has very eratic behavior

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS