Child Custody

questions & answers

Question: My Wife, who I do not plan on divorcing, told me she was taking our two kids to California for a vacation. She is now stating she is keeping the kids and not coming home. Does she have the right to keep our kids out of state?

Answer: Under Arizona law, so long as no legal separation papers or custody papers have been filed with Family Court, the law presumes both parents have an equal right to custody and parenting time.  If you do not want to divorce but you do want your children to remain in Arizona, it would be in your best interests to speak with an attorney. There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means  will offer a one hour consult with an experienced attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625. If you do  not have sufficient money to pay for a reduced fee consult, you can go elsewhere on this website and apply to see if you qualify for a free lawyer.  Go to http://www.azlawhelp.org/accesstojustice.cfm