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

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


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 matter. Many law firms, including the Sampair Group, offer free initial consultations. Good luck! Brandy Ramsay, Esq. The Sampair Group, PLLC Offices Valley-Wide: Glendale/Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ 85308 Surprise: 15270 West Brookside Lane, Suite 121 Surprise, AZ 85374 Mesa: 1830 S. Alma School #114, Mesa, AZ West Valley: 623.218.1000 East Valley: 480.636.1333 IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO, AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

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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.

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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 relationship. The information is not guaranteed as sound legal advice since most questions are very limited in nature. You may wish to consult with an attorney regarding your specific case.

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