Legal Question in Family Law in Arizona

I live in the state of Arizona. I am going to ask my wife for a divorce, but want to ask for full custody of my son. If I do not take him with me when I first move out, will this have a negative impact on my being awarded full custody of my son?


Asked on 8/26/09, 4:31 pm

1 Answer from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

The court makes custody/parenting time decisions based on the best interests of the child. This is true whether you bring him with you when you move or whether he remains in his mother's care; however, if your grounds for seeking sole custody are based on believing that she is somehow unfit to be a primary caretaker or that he is at risk in her care, then it would be contradictory for you to leave him with her. I urge you to speak with an attorney before taking any action so you can learn about all of your options and the legal implications.

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Answered on 9/01/09, 1:19 am


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