Legal Question in Family Law in Arizona
I moved out of my husband's house with our 3 year old daughter 4 months ago. Her whole life, he has never taken care of her at all (even for a day when we were still together)...he never once got up with her during the night, fed her, paid for her necessities, got her ready in the morning, comforted her when sick, etc. I have done 100% of raising her her whole life. 4 months ago when I moved out (just down the street - in which time he has made only about an hour for her a week, if that much, and never calls her - I have documentation of it all), I let him know I wanted to move to Texas in February (my daughter is highly gifted and needs more than this area can offer, also all my family is there, cost of living is better, i can get a better job, etc). She is not comfortable staying with her dad, and I am always there. He was in agreement with the move. Now he has a girlfriend, and is threatening that if I file for sole and not joint custody (he has actually told me the reason he wants that is that no judge is going to tell him how much child support he has to pay) that he will make things ugly and not let us move, even though it is in our daughter's best interest. He was also verbally abusive our first 4.5 years of marriage and I have documentation of that. He also only works one day a week, yet manages to buy himself new "toys" all the time without helping support our daughter. My mom moved up here to help when our daughter was 10 months old and has been my support...even when my husband was not in school or working, he refused to watch her for any reason. I guess my question is, if I file and can prove he has no interest in actually spending quality time with her, and has never been there for her, and that she is better off in Texas...do I go for it, or should I be afraid that he can keep us from moving in TX in February (we need to leave then because our lease is up and my mom will be having to leave - she is my childcare while I am working mon-fri)
1 Answer from Attorneys
BEORE EITEHR OF YOU HAVE FILED FOR DIVORCE, you can relocate with or without his permission. AFTER FILING, the children cannot leave the state without a COurt order or written agreement. ALSO, you could consider recording his statements.
THE DECISIONS YOU MAKE RIGHT NOW CAN OF COURSE HAVE SERIOUS REPERCUSSIONS on the final results of the divorce.
We can certainly help you consider and then pursue your options.
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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ 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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