Lake Havasu City, AZ asked in Divorce and Family Law for Arizona

Q: Daughter in law took baby to Idaho but my son did not give her permission to move baby there. We live in AZ. What can my

There is no custody. They got married in Feb 2017 James was born in June she left oct 20. Can my son go get him from Idaho and bring him home

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1 Lawyer Answer
John R Gaertner Jr
John R Gaertner Jr
  • Phoenix, AZ
  • Licensed in Arizona

A: Father must file for Dissolution of the Marriage and request that the child be immediately returned to AZ (the home state of the child). Waiting on this issue is extremely damaging to your son's chances of having the child returned to Arizona. Also, if he waits, Wife will probably be able to file for Divorce/Dissolution in Idaho and Father will have to defend in that state. I advise getting a court order for the return of the child. In my opinion it would be a mistake to travel to Idaho and take the child back to Arizona. You would then be no better in the eyes of the court than Mother.

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