Legal Question in Family Law in Arizona
I am currently married and have a four year old son with my husband. My husband has taken a voluntary promotion to Seattle Washington. He has known, even before applying for the position, that I (and my son) would not accompany him to Seattle. He decided to take the transfer to Seattle anyway and is scheduled to leave at the end of September. After he took the transfer to Seattle, I accepted a promotion to Miami Florida and am scheduled to leave at the end of August so that our son can get there at the beginning of the school year.
He has now advised me that he does not want us to leave until we have filed some sort of agreement (via divorce, I suppose). Given the fact that he is now under voluntary transfer orders to Seattle (so he will not be staying in AZ either), can he stop us from leaving to FL? What recourse do I have? Is there anything I can make happen within one week?
2 Answers from Attorneys
There is absolutely nothing keeping u in AZ. U found a job out of state in completely good faith after ur husband a job out of state in. Neither of u has 2 file anything with the court unless u wanted to. Besides, it's not really clear what the court would do with that information, since it won't have any jurisdiction over any of U once U all move out of state. Yes, u could file 4 a divorce in AZ while U still reside here, but then you and ur spouse would have 2 come back here 4 the court hearings, and I don't think either of u are going 2 want 2 do that. However, it might b advisable 2 protect everybody's best interests and make things clearer, by drafting a private agreement re custody, visitation, child care and costs and the like. Totally up 2 u though and would not need to be filed with any court at this point.
Best of luck to you!
There are no restrictions to you leaving SO LONG as he does not file for divorce in AZ. Once either parent files in AZ, there is an unjunction against removing the child from the state without an agreement. There are advantages to working things out now.
We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
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 Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. 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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