Legal Question in Family Law in Arizona

Child Custody/Divorce questions

Hi, My wife recently left me due to me flirting with a girl online. We werent able to communicate with each other any more and things got out of control fast. She left in June and took my 1 year old son with her. Ive been supporting her with any extra money I have (not much) and full health insurance. She moved all the way to Kansas where we were both raised and have family. As soon as she got back she started dating and sleeping with my close friend of 10 years. We are not seperated or divorced yet. I want to pursue a divorce and get custody of my son. I've offered marriage counseling and any possible help for the past 6 months relentlessly. Her boyfriend has been harassing me constantly. She recently lost her job again in Kansas and will be moving to Oklahoma where we have no family. She has history of job instability and depression, which she quit taking her medicine right before our problems started. Im still willing to try marriage counseling, I dont know if theres a legal way to force that. I'd rather not have to tear up my family if there are any other options.


Asked on 11/22/08, 1:59 pm

1 Answer from Attorneys
Jeff Biddle Biddle Law Firm, PLLC

Re: Child Custody/Divorce questions

Sorry to hear about your situation and I understand that you don't want to tear up your family but it's already torn beyond recognition. I divorced a friend of mine last year that had a similar situation and tried to stay with his wife but it was just too hard for him. Emotionally, she has completely checked out of your marriage and you need to take some definitive actions to protect your rights as a father. Unfortunately, I can't tell whether you could even maintain a divorce action in Arizona. Well, you could divorce here, but if your son has been away from Arizona for more than 6 months, the new state would have exclusive jurisdiction to decide custody matters. Given the circumstances you have detailed, you need to act fast. If you need to talk to someone about what might be available, call me. I offer payment plans and would love to help you out.

Read more
Answered on 11/23/08, 4:05 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona