Q: IF MY SON AND I MOVED BACK TO AZ AND I SEPARATED FROM MY WIFE WHILE SHE WAS IN SCHOOL BUT WITH KNOWLEDGE. CAN SHE FILE
SHE IS IN THE MILITARY AND HAS TRIED TO TAKE ME TO COURT BECAUSE SHE IS SUPPOSEDLY WORRIED ABOUT HIS WELL BEING. BUT THEN BACKS OUT, THAT SHOULD SHOW SOMETHING
A:
If you and your son have moved back to Arizona and you have separated from your wife, she may still be able to file for divorce or custody in the state where she is currently stationed, even if you are no longer living together. The specific laws and procedures for filing for divorce or custody may vary depending on the state in question and the circumstances of your case.
If your wife is in the military, she may have additional legal protections and requirements under the Servicemembers Civil Relief Act (SCRA). The SCRA provides certain legal protections to active-duty military members, including protections related to court proceedings and default judgments.
If your wife has expressed concerns about your son's well-being, it may be in your best interest to work with her to address those concerns and come to a mutually agreeable solution. This could involve working with a mediator or family counselor to develop a parenting plan that takes into account your son's needs and best interests.
If your wife continues to threaten legal action but then backs out, it may be helpful to consult with an attorney who can advise you on your legal rights and options. An attorney can also help you understand the legal procedures and requirements for filing for divorce or custody in your state, and can work with you to develop a strategy for protecting your interests and your son's well-being.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.