Legal Question in Family Law in Arizona
My son and his wife have been married for 12 years and have 4 minor children. They got in a fight and might be heading for divorce. She left to go to Utah with the four children without letting her husband know. Her family lives in UT. They own a home in AZ and have lived there for about 7 years. He doesn't really want to file for divorce but how can he legally make her bring the kids back to AZ?
2 Answers from Attorneys
Your son will have to file for either a legal separation or divorce and ask for the children to return to Arizona via temporary orders. Once the children reside within another state for 6 months, jurisdiction over custody matters transfers to the new state.
He must file, either for dissolution, or at least legal separation, and the sooner the better. The longer he lets them stay in Utah, the more it appears he has consented to the relocation. Also, you do not want to wait and allow Utah to obtain jurisdiction.
We can certainly help him consider and then pursue his options. This is obviously a very important matter, and he 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 his matter in detail.
Please have him call us directly to discuss the specifics of the matter, or contact my assistant Gina or my paralegal Jennifer to schedule a 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.comunmlkely less likely it will be to convince
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