MY WIFE & I ARE HAVING MARITAL PROBLEMS AFTER HAVING OUR 1ST CHILD, WE LIVE IN AZ, MY WIFE'S PARENTS LIVE IN SPOKANE. WA. MY WIFE LEFT TO VISIT
HER PARENTS ON NOV 2ND, I HAVE JUST RECIEVED NOTICE THAT SHE IS COMING BACK TO AZ TO PICK UP HER STUFF, SHE IS NOT BRINGING MY DAUGHTER WITH HER, IS THAT LEGAL FOR HER TO LEAVE OUR DAUGHTER WITH MY WIFE'S MOM,? MEANWHILE MY DAUGHTER DOESEN'T SEE HER DADDY FOR OVER A MONTH. I GUESS I'M WORRIED THAT I MAY NEVER SEE MY LITTLE GIRL AGAIN.
2007-12-02 16:01:40 · 25 answers · asked by ERIC O 1 in Family & Relationships ➔ Marriage & Divorce
You need to find an attorney first thing tomorrow and file a motion IN COURT to seek temporary custody of your child and that her mother not be allowed to relocate your child to Washington (the mom can move, you are seeking an order that the child can't go with her) and an order that the child be immediately returned to Arizona. If you are in Arizona, the child is in Arizona and mom is in Washington then you have custody. If mom stays in Arizona after finding out that you are not going to agree to this move you might want to ask for joint physical custody. The longer you wait the less chance you have of winning.
Edit: Definitely file in Arizona, Washington would only have jurisdiction if the child has lived there for at least 6 months. If you get the order you want you may have to go to Washington to get your daughter.
2007-12-02 16:07:24 · answer #1 · answered by Jen70 3 · 3⤊ 0⤋
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2016-12-20 18:14:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Technically it is legal, hun. Since you both are still married and there is no court order. What you need to do is get a lawyer, even if its court appointed. Start documenting EVERYTHING. Every phone call, everything. If I were you, I'd fly over there when your wife is coming back and get her. Go with a police officer and say they have my daughter, my wife is in Az. I have the right to get her. Then take her home. Don't do it just to do it though. Make sure you will have things such as day care and the likes set up for her. Good luck.
2007-12-02 16:23:36 · answer #3 · answered by Anonymous · 1⤊ 0⤋
if you have joint custody, you can sue her for leaving the jurisdiction with your child without your consent. if she has sole custody, theres nothing much you can do except go to court and have a new visitation order set, which forces her to compensate you a portion towards travel etc. the state the divorce and child support is set in, are the laws that apply. i know someone in canada, that has a woman in texas with his child, and the texas child support laws controls his payment amounts, not canada.
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2016-04-14 05:45:25 · answer #4 · answered by Alejandra 4 · 0⤊ 0⤋
You should get a lawyer and file for divorce. She can't file for divorce in Washington, as she is not a resident there yet. She must have lived in Washington for 6 months for that state to have jurisdiction. If you file in AZ and request custody the court will most likely order the child to be returned to the state pending resolution of the case. If your wife refuses, she can be charged with kidnapping. Also, once the case in in court in AZ, it has to stay there until the case is settled. Under federal law, the courts in WA cannot take jurisdiction of the case until AZ has settled any open cases there.
What she has done so far is not illegal, but you need to act fast to make sure she cannot take your child away from you.
2007-12-02 16:24:03 · answer #5 · answered by rlb1961 3 · 1⤊ 0⤋
No sir it is not legal! Get an attorney asap and get on this before more of your parental rights are quashed. The longer you wait, the more the court will think you aren't that into your part as a father...........watch your p's and q's.....and good luck to you. File for divorce and custody immediately!
2007-12-02 16:06:05 · answer #6 · answered by msjinx39 3 · 3⤊ 0⤋
Get a good lawyer. She is not suppose to take them out of town let alone the state without your permission.
2007-12-02 16:04:57 · answer #7 · answered by luvlisteningtomusic 6 · 1⤊ 2⤋
Until the courts say other wise she can do what ever she wants..better get a lawyer and have them get an order forbidding her to move out of state.
2007-12-02 16:09:38 · answer #8 · answered by Anonymous · 2⤊ 1⤋
You get an attorney immediately and demand she bring your daughter back. Get the best attorney you can and if you need to get a loan to pay for it. Or you will lose her. Do not wait, first thing tomorrow get immediate custody of your daughter. Do not sit back and wait. You will regret it.
2007-12-02 17:01:25 · answer #9 · answered by oh_my_its_linda 4 · 0⤊ 0⤋
I don't know what the laws are in arizona- or washington- az may not ler her -but wa may not make her come back- I would call the police and ask them because they could tell you the exact laws--if you do not have a court order stating she can not take your daughterw/ out your permission I don't know what you can do-- She definately CAN take her if she says she is "visiting" but then how long does she plan to stay- Wa may not have laws that force her to bring her back! I sure hope she doesn't do that to you- In the meantime you should def. do your research before it gets ugly. Don't worry you will get to see your daughter(unless she can prove you are unfit --like drugs or alcohol of crap like that) Good luck
2007-12-02 16:12:40 · answer #10 · answered by jet75 2 · 0⤊ 1⤋