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Rose Zapor
Rose Zapor, Family Lawyer
Category: Family Law
Satisfied Customers: 81
Experience:  Ten years as a Family Lawyer, Published author.
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If my wife lives in oklahoma and I live in arizona and she

Resolved Question:

If my wife lives in oklahoma and I live in arizona and she is not taking care of my kids all week can I go get them and bring them back to arizona.
Submitted: 7 years ago.
Category: Family Law
Expert:  Rose Zapor replied 7 years ago.
Hi. I will be glad to help you with this question, but I need some more information. Is there a custody order? In what state was the order entered? What does the order say about her care of the child?
Customer: replied 7 years ago.
No order. I just moved them there this January and they have already missed 3 days of school. My oldest is on medication and has not been given it properly. My two step kids agree I should be raising my kids and not there mother. Can I file an order tomorrow morning?
Expert:  Rose Zapor replied 7 years ago.
Yes. If the children lived in Arizona for the last six months and not anywhere else for six mnonths, then Arizona has the jurisdiction. Get into court and get an order for return of the children. Be sure you can document everything you are saying!.

Good Luck,

Rose

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Disclaimer --- There is no attorney/client privilege created by this exchange and the answer being provided is informational only and does not constitute legal advice.

Rose Zapor and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you. What is an order for return? Can I drive there tomorrow and get them?
Expert:  Rose Zapor replied 7 years ago.
If there is no order for custody, then you can go and get them because you are also the parent. I would definitely file for a temporary restratining order first, which would give you custody and you can get it in one day. That way, if she were to call the police to say that you were kidnaping the children, you would have the order with you to show the police that she is lying.

An order for return is similar to an order for Habeas Corpus - an order that can be enfoced in the other state for the return of the children to their home state. With a TPO, you would not need the order for return.

Good Luck,

Rose

_______________________________________________________________________
Disclaimer --- There is no attorney/client privilege created by this exchange and the answer being provided is informational only and does not constitute legal advice.

Rose Zapor and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
And what is a TPO?
Expert:  Rose Zapor replied 7 years ago.
temporary protection order
Rose Zapor and 3 other Family Law Specialists are ready to help you