Legal Question in Family Law in Arizona

Re: leaving the state with my child

Yes, there can be problems with leaving. Generally, Florida will not have "jurisdiction" over child custody matters until the child has lived there for 6 months. If you leave Arizona, and your Husband then files in Arizona within the first 6 months, you may have to "litigate" custody matters here in Arizona. In fact, an Arizona Judge could order you to return, or to at least return the child.

There is no law to stop you from leaving, so long as a divorce action has not been started. Once an action has been filed, neither party may take the child out of the state except by written agreement or by Court order.

However, you must carefully consider whethr you wold prefer to start proceedings here before you go, or whether you will just hope that he chooses not to file here before enough time passes.

Please call me with any further questions.

/s/ Rich J. Peters, Attorney

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

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