Child Custody

questions & answers

Question: my x wife violated a protection order and took my son then split to another state. i have an emergency custody order for my child that the judge awarded me which also states on documents that the child is to be returned to father immediately! now after i got process server to serve my wife, she now is tryng to keep my son and file a case in the state where she is at. is that fair? how can i get my son back where he resides for the past 3 years? can someone please help?

Answer:

There are many factors that come in to play regarding out-of-state custody and jurisdiction issues. A.R.S. section 25, chapter 8 (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=25) contains the relevant provisions regarding the Uniform Child Custody and Jurisdiction and Enforcement Act.

It might be useful to visit the Child Custody article on this website. It can be found here: http://www.azlawhelp.org/viewresults.cfm?mc=1&sc=1. To find a lawyer for a reduced fee, please visit the Legal Assistance tab on this website. It can also be found here: http://www.azlawhelp.org/legalaidlisting.cfm.

QUESTIONS

  • my x wife violated a protection order and took my son then split to another state. i have an emergency custody order for my child that the judge awarded me which also states on documents that the child is to be returned to father immediately! now after i got process server to serve my wife, she now is tryng to keep my son and file a case in the state where she is at. is that fair? how can i get my son back where he resides for the past 3 years? can someone please help?

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