El Mirage, AZ asked in Family Law for Arizona

Q: i am needing to move out of state with my 13 year old daughter. I left my husband 3yrs ago,what do I need to do?

He has only seen her twice at the very beginning,we are still legally married,he doesn't pay child support and I don't really care about that, I live in Glendale,Az,and I am not working right now

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1 Lawyer Answer
Mike Branum
Mike Branum
Answered
  • Saint George, UT
  • Licensed in Arizona

A: I would refer you to http://clsaz.org/family.html. On Community Legal Services' website there is self-help information and other links to guide you in the right direction. A divorce decree and parenting plan with everything outlined would be the best solution but may not be a valid option for you. Short of completing all the proper documents, AT A MINIMUM I would have a written, signed, notarized agreement between the two of you that you have full physical and legal custody of your daughter and his permission to move to the location of your choice within the United States. Without some evidence that your husband is aware of and approved of you taking your daughter across state lines, you could face serious civil and criminal consequences should your husband change his mind or decide merely to make your life difficult. One last word of caution: if you take off to where the grass is greener on the other side of the fence and find a new beau, remember that you are still married until you file divorce proceedings somewhere. There ARE still some states with laws against infidelity (even though they are rarely enforced) and bigamy is illegal in EVERY state.

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