I want to move back to California from AZ and my sons dad won't let me take him!

[mamamia]

I don't have anyone here in arizona and want to go back to my hometown to be with family and legally separate or divorce my husband. but he said he won't allow me to take the kids out of the state. can he do that? i can't believe that i would be trapped to live in a place i don't want to!! what are my options? my chances of being able to do that? (although it's another state it's only a 3 1/2 hour drive) i'm devasted!!

 

[irish223]

Yes, he can do that. You would have to prove that it's in the children's best interests to be moved so far away from their father.

If you are allowed to move the children, you may also be responsible for providing transportation for the father's visitation.

 

[ARMYWIFE5]

If The Kids Were Born In Ca....u Can Take Them Back To Ca!!! That Is Considered Their Home State Under Ca Law!!
I Am Not An Attorney..i Just Know Cause Of My Friends Custody Case!
Good Luck!!!

 

[irish223]

If The Kids Were Born In Ca....u Can Take Them Back To Ca!!! That Is Considered Their Home State Under Ca Law!!
I Am Not An Attorney..i Just Know Cause Of My Friends Custody Case!
Good Luck!!!

Not true. That would depend entirely on whether or not the residency requirements for Arizona have been met.

 

[CdwJava]

I would strongly recommend that prior to taking the kids out of state, you seek custody papers that give you that right. Failing that, AZ state law may find that you are accused of a crime. If AZ laws are similar to those of CA, if you deprive a parent of their right to visitation without legal authority (and moving to another state can effectively do that) you can be charged with a crime. Since many AZ laws mirror what we have in CA, I suspect the law is similar there.

Consult with legal counsel and arrange for legal separation and custody.

- Carl

 

[Duranie]

AZ has jurisdiction since that is where the kids live, NOT where they are born. You'll need to prove the move is in the kids best interest. Dad certainly has the right to fight you. If the kids are in school and the extended family is also out here on dad's side, the courts may rule that you cannot leave. Have you tried to work something out with him? if not then you have to battle it out in court.