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My husband, daughter, and I are from Arizona. We ...

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My husband, daughter, and I are from Arizona. We moved to Washington State 2 years ago. My husband and I split up a year and a half ago. I''ve had my daughter ever since except one day a week she goes to her dad''s. No legal action has been taken what so ever. I want to move with my daughter back to Arizona to go to school. Do I have to get divorced/permission before I go or can I wait to get divorced till after I''m there?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Girl replied 6 years ago.

Will the father agree to your taking the child out of state?

Customer: replied 6 years ago.
Reply to Law Girl's Post: I believe that he wont allow me to leave the state unless he plans to follow me. His parents live in AZ but his girlfriend lives here. I really don't think so but I don't know.
Expert:  Law Girl replied 6 years ago.

DearCustomer

Thank you for your question.

If you do not file for divorce, then you should file for a petition for custody and/or a move away order. I think it is ill advised to remove children from the State without the consent of the other parent. The legal ramifications could be more than you bargained for and the may view your move as an attempt to interfere in the child's relationship with her father. A move away order will protect you when you removed your daughter from the state and show the court that you are taking the provisions to ensure your daughter maintains an appropriate relationship with her father.

So, get the permission before you go. You can get the order separate and apart from getting divorced. In explaining to the judge why you want the order, you will want to address how the move will affect your daughter's relationship with her father, i.e. that you are willing to give him visitation or that he can come visit or that she can visit him.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

Law Girl, Family Law Attorney
Category: Family Law
Satisfied Customers: 4606
Experience: I have a law practice that is largely dedicated to family law matters.
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