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

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

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA

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.

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