Legal Question in Family Law in Arizona

Re: infidelity and custody

Your marriage MAY be annulled your Wife also agrees. However, given the amount of time that has passed, even an annulment by consent might be converted to a Dissolution by the Court. If she would not agree, I would have to know more, but my gut instinct would be that an annulment would be difficult.

As far as who gets custody, I would again have to know quite a bit more. Ultimately, the Court must look after the child's best interests. Thus, whoever is better able to care for the child's best interests should receive primary custody.

Whether you should relocate really depends on which location provides you your strongest arguments re: best interests of the child.

I can explain the issues and procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Re: infidelity and custody

Assuming the child has resided in AZ for 6 months, that's where you'll have to file. Annulment is usually for those situations where a marriage is very, very brief and the parties did not consummate the marriage through sexual relations. I'm not advising about AZ law because I don't know whether or not annulment is available for you. I also don't understand why you want annulment instead of divorce. There's really no practical difference. A custody battle can get expensive and it's too complicated to give you any advice without knowing a whole lot more. Good luck to you.