Legal Question in Family Law in Arizona

Thank you for your email. If she's been served with the divorce papers, then she is not allowed to take the kids out of the state of Arizona during the divorce without your consent or a court order. There is a Preliminary Injunction that is binding on both of you (so you also cannot take them out of state), and if she were to take them, it would violate that injunction and could affect the outcome of the case. Once the case is over, there will be a parenting plan that sets forth where the kids live and how often they visit the other parent. If the two of you can't agree on those arrangements, the court can decide for you.

I encourage you to speak with an attorney to learn more about your options so you can decide your best course of action.

I won't say not to worry because people do things in violation of the preliminrary injunction but at least she has been served. We can hope she has read it and understands that she cannot take the children out of state without court order or agreement. Your wife would have to file a request with the court asking for them to visit or be relocated to her. If she did, you would have an opportunity to be heard on the issue and it would take quite a while to have a hearing on the issue considering how back logged the courts are.

I would ensure you meet with an experienced lawyer so that you educate yourself on all of the issues, not just the child related ones.

Feek free to call my office if you would like to schedule an appointment.