QUESTION

Is there anything I can do to stop the mother from taking my child put of state before she does this?

Asked on Jan 10th, 2013 on Child Custody - Arizona
More details to this question:
We have a custody case in Arizona where I live and the mother lives in California. We share 50/50 custody. The mother informed me that she will not be giving back my daughter and the scheduled day but is instead taking the child out of state to Oregon.
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4 ANSWERS

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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Assuming that the Arizona court is where the only custody/parenting time order applicable to your daughter was issued, that state has sole jurisdiction to amend the custody order to give you sole custody based on the mother's threatened violations of the order. Oregon and California are obligated to give full faith and credit to the Arizona court's order under applicable law. A few questions. First, has she previously threatened to keep the child before but later relented and brought her back? Second, has the mother informed you as where she is going to be in Oregon? That's important so you can get her served with the papers required to effect a change in the custody order. If the mother's threat to take your daughter to Oregon and cut off your visitation is real and current, get to an Arizona lawyer ASAP.
Answered on Jan 15th, 2013 at 12:39 PM

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You need to go to court and try to get a temporary order to stop the move.
Answered on Jan 15th, 2013 at 12:37 PM

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File for a hearing to stop her removing the child from CA.
Answered on Jan 15th, 2013 at 12:37 PM

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Alternative Dispute Resolution Attorney serving Chandler, AZ at Cox Sandoval Law, PLLC
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If you have orders, you can contact law enforcement in an attempt to have them enforce the orders. Depending upon your orders regarding out of state travel, that can also make a difference. If you have additional questions, it would be good to consult a lawyer.
Answered on Jan 15th, 2013 at 12:34 PM

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