Legal Question in Family Law in Arizona
i filed for divorce due to domestic violence. we have 2 children that are in my custody. i want to move back to my home state of michigan. am i able to move before the court date with the kids?
2 Answers from Attorneys
Generally speaking the children are not permitted to leave the state (even for vacation) during the divorce without the consent of the other parent or an order from the court. After the divorce, you are not allowed to permanently relocate the children out of Arizona (or more than 100 miles within Arizona) without the other parent's consent or a court order. This is a very case-by-case situation, so I recommend you speak with an attorney to discuss your options and the best course of action.
Not without his written agreement or a Court Order. The "preliminary injunction" that was filed with your Petition precludes the children from leaving the state while the case is pending.
You can request that the Court allow you to go. We can certainly help you consider and then pursue your options as to relocation.
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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