Legal Question in Family Law in Arizona

My ex wife had full custody of our 3 children for several years. A year ago she asked me to raise them because she couldn't take care of them emotionally anymore. I picked them up from Chicago and brought them to Arizona where I have have raised them by myself. She signed a legal document giving me custody. Now she wants to take them back to Chicago. Can I file file abandonment. She had only come out here one time in September to see them


Asked on 5/27/15, 11:12 pm

1 Answer from Attorneys
Joan Bundy Joan Bundy Law

I am so sorry to hear this happened. The key thing is what this "legal document" is that you say gave you custody. Was it filed with a court? Did a judge sign off? Also, now that the children are here, the case really needs transferred to Arizona. Then, once there is a family court determination of you having sole or at least primary custody, you can file for severance of her parental rights in juvenile court. It only takes six months of non-communication and/or non-support to establish abandonment in Arizona. Best of luck!

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Answered on 5/28/15, 7:34 am


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