questions & answers

Question: I have been in a domestic violence situation for 9 years. We had 3 kids out of wedlock and later on married. He is on the birth certificate but there is no court custody in place. He is also on the child abuse and neglect registry for failing to supervise my daughter properly and has domestic violence charges on his record, I was the victim. Can I relocate to another state with our children legally and not tell him?

Answer: If you are still married and there is no custody order in place, you are both presumed to have equal parenting rights under Arizona law.  Moving out of state with the children is a risky move.  What if he files for divorce and asks for custody after you leave?  Without your side of the story, your actions by depriving your husband of his children may look bad to a judge.  That said, you may decide your best course of action is to cut your losses and file for divorce and full custody (now called legal decision-making).  There are three programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  You will need to apply for the program and meet the financial need qualifications.  Once qualified, Modest Means will send you a list of attorneys to choose from.  Then, for a $75 fee, you will receive a one hour consultation with the attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not be more than $75 per hour.  The telephone number is (866)  637-5341.  Both Maricopa and Pima County Bar Associations have Lawyer Referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer referral Service offers a 30 minute consult with an experienced attorney for a fee of $40.  The telephone number is: (602) 257-4434.  Pima County Lawyer Referral Service offers a 30 minute consult with an experienced attorney for a fee of $35.  The telephone number is (520) 623-4625.  If you are unable to afford these modest fees, you can go to another portion of this website and apply to see if you meet the financial qualifications for a free lawyer.  Go to http://www.azlawhelp.org/accesstojustice.cfm