My boyfriend and I are separating after 7 years together...He is aware of this but also will not discuss with me about if I can take my children with me..we have 3 kids together...we were never married either
It depends upon whether there has been any previous court ruling regarding custody. If there hasn't been the mother is presumed to have legal custody under the custodial interference statute and you can take the children with you wherever.
The information provided is for general educational purposes only and is not intended as legal advice and no attorney-client relationship has been formed.
Are you taking the children out of state? If there are no orders in place for legal decision-making or parenting time, you may be able to relocate without his permission. However, Arizona will remain the children's "home state" for a period of time after you relocate (typically 6 months). If your boyfriend files for custody in Arizona during that time period, Arizona will likely have jurisdiction. You may have to return to Arizona to participate in the custody case. You should speak with an attorney before relocating. Even if you are legally allowed to relocate, there are other considerations that may change your decision.
This post is general information about divorce and family law in Arizona, and is not legal advice. Divorce is a complex process, and taking legal action without the one-on-one professional advice of a lawyer can produce unexpected results.
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