Phoenix, AZ asked in Child Custody, Divorce and Family Law for Arizona

Q: Can a doc be made for husband to sign that if we move to ND and we divorce I can bring our kids back to AZ?

We live in Peoria Az but he wants us to move to North Dakota where he works. I’m nervous because divorce has been brought up. For now I have the upper hand. The kids, house etc. But if we move and he divorces me I’m afraid of having to stay there in ND. Both of our parents live here in AZ.

1 Lawyer Answer

A: You could enter into a post-nuptial agreement concerning these issues and others that may be pertinent in the event of a divorce. This would need to be done formally with both spouses represented by independent counsel. This is not a perfect solution. There is no guarantee that a divorce court in ND or AZ would enforce all of the terms of such an agreement, but it would give you some help in the event you divorce after you move to ND.

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