Is it required for me to stay in Arizona while going through my divorce?

Asked 4 months ago - Sierra Vista, AZ

I filed in Nov of last year and we have a minor child. Recently I have had the opportunity to move to California for another job. I have always had custody of our child. Well it be consider contempt of court if I move us out of the state for work purposes while the divorce process is happening?

Attorney answers (3)

  1. Brandy Ramsay

    Pro

    Contributor Level 11

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    Lawyer agrees

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    Answered . You cannot move your child out of state while your divorce is pending, due to the Preliminary Injunction that is in place. This is a Court Order that goes into effect in every dissolution case filed in Arizona and prohibits either parent from leaving the state with the children while the divorce is pending. In order to do so, you would have the get the other parent's agreement or file a Motion with the Court.

    I suggest that you seek the assistance of an experienced family law attorney to help you with your family law... more
  2. Rich J Peters

    Pro

    Contributor Level 12

    Answered . Please review the preliminary injunction which was issued when the initial Petition was filed. Such prohibits either parent from removing the child from the state while the case is pending, UNLESS you have written permission from the other parent or a Court order.

    Might the other parent agree? If not, you could and should ask for a expedited temporary order allowing your relocation with the child.

    A qualified and experienced family law attorney can of course assist you in getting where you need to be. Most of us offer free, 1/2 hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss any further questions or concerns, and develop a plan.

  3. Valarie A McNeice

    Pro

    Contributor Level 13

    Answered . You cannot move with the minor child without permission from the court. If you and the other party agree, the court will likely issue temporary orders allowing you to do so. If the other party does not agree, then you can still file for temporary orders and the judge will determine if your request should be granted. You likely need to consult with an attorney.

    This answer is intended to only provide general information and does not establish an attorney- client... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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