Q: My wife wants a divorce, we are in AZ and says if I don’t move out, she will with our 19 month old son. Can she legally?
As of this afternoon, I checked myself into a hotel to calm the situation down in the house. There has been no physical altercations in the place I’ve never been involved.
A: The short answer is yes. One of you needs to file and you need to establish temporary custody orders so that you both know what your rights are concerning custody and visitation.
A: She can move out with the child. While you are married, you have presumptively coequal parenting rights. This means you both have the same right to care for the child and keep the child at your primary residence, etc. As my colleague stated, if you want to ensure that the child is not withheld from you, you will need to file your petition for dissolution and request temporary orders to establish an enforceable parenting schedule in the child's best interest.
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