Can a spouse take a child without permission? Ask RJ

Can a spouse take a child without permission?

Ask RJ, Blog

The Question:

My wife left and took our six week old son. What can I do?

RJ Says:

Please come in soon! We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

Once you file for Dissolution, and have Mother served with the Petition, there is a “Preliminary Injunction” which prohibits either party from leaving the state (and some would argue that it prevents either party from leaving the county).  Further, she does not have the right to unreasonably restrict your access, and if she continues to do so, she herself could suffer repercussions. Do not allow yourself to miss irreplaceable milestones and memories. 

With your initial Petition, we can also file a Petition for Temporary Orders. Such is the quickest manner of getting to see your Judge.  OR, perhaps a strongly worded letter from an experienced attorney would convince her to act more reasonably. 

Finally, per A.R.S. §13-1302, a person commits custodial interference if, knowing or having reason to know that the person has no legal right to do so, the person . . . . “Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child.”

Do you have a question? Send it to RJ, and we’ll get you the answer you need.

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