Legal Question in Family Law in Arizona
I and my 9 year old daughter live in AZ (Goodyear) and been invited to Washington state to visit for the summer.
Husband has to work until July (maybe longer) and can't go, and wouldn't go in any case. He says I can go, but I can not take our daughter.
He has no time and little ability to watch & care for her and the relatives are unwilling.
The marriage is strained. No divorce papers filed. Not legally separated. And no court orders or parenting plan of any sort. He's nearly unemployed. I and daughter just need a breather from the stress, living conditions and the heat.
Can he refuse to let me AND our daughter go? And if I do go with her anyway what's the worst case scenario?
Thanks for your answer(s).
2 Answers from Attorneys
If no papers have been filed, there is nothing to stop you from leaving the state. Make sure he knows at least the day you are leaving so he doesn't do something crazy like call the police. If he files papers and you are served before then, you won't be able to leave without court order or agreement.
The only problem is IF he filed papers while you are gone or before you leave. Otherwise, he cannot stop you.
We can certainly help you consider and then pursue your options.
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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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