Phoenix, AZ asked in Family Law for Arizona

Q: I have been raising my two girls for the passed five years with little to no help from their abusive father..

Now I would like to leave state and he is threatening me. I have a restraining order on him and he has charges for DV. Do I have the right to take them with me?

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1 Lawyer Answer
Rich J. Peters
Rich J. Peters
PREMIUM
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: Are there any Court Orders in place? IF SO, then Arizona does have a "relocation" statute which must be reviewed as compared to your situation. I would need to know more to determine whether such requires notice, etc.

If there are NO Court orders in place, then the relocation statute does not apply. HOWEVER, it is still wise to review the situation with an experienced family law attorney so that you don't leave yourself vulnerable to an emergency order requiring the children's immediate return.

Please come in soon. We can certainly help you consider and then pursue your options for relocating.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free ½ hour consultations, in which we can discuss your matter in detail.

Please call or email my assistant Maddy to schedule your free ½ hour consultation.

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