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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35010
Experience:  16 yrs. of experience including family law.
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I am in the process of finalizing my divorce. My ex is

Customer Question

I am in the process of finalizing my divorce. My ex is leaving in a week without providing addresses of the locations he will staying at with our child in Minnesota. Is there something I can file with the court to ensure he stays here until our divorce is final or agrees to provide addresses of all locations he will be at?
Submitted: 2 years ago.
Category: Family Law
Expert:  P. Simmons replied 2 years ago.

Can you tell me, is the court ordering custody and visitation? Will that be part of the final decree of divorce?

Customer: replied 2 years ago.
In our proposed decree and parenting plan we are to disclose addresses and phone numbers of all locations we will be with our child while on vacation. However, neither of us have signed the decree or parenting plan.
Expert:  P. Simmons replied 2 years ago.

Thanks, ***** ***** verify that you're in Arizona and your spouse is moving out-of-state? Who will have primary custody?

Customer: replied 2 years ago.
He isn't moving out of State. Just going on "vacation to see his family" His family lives in southern Minnesota and he is mentioning being in Duluth but wont provide an address.
Expert:  P. Simmons replied 2 years ago.

Thank you. So both of you will remain in Arizona?

Customer: replied 2 years ago.
we are to have a permanent residence in Arizona. My concern is the safety of my child while in Minnesota. Duluth is no where near where his family lives.
Customer: replied 2 years ago.
If he doesn't provide an itinerary or addresses, is there something I can file with the court now to keep my child in the state until our decree is signed?
Expert:  P. Simmons replied 2 years ago.

Thank you. Because the divorce is taking place in Arizona because you were both going to remain in Arizona after the divorce, Arizona will retain jurisdiction over this matter.

If your goal is to have assurances of where the child will be during this vacation you can file a request to the court asking the court order he provide this information. You would want to make this request through your attorney.

However, practically speaking I suspect this will not be required; because Arizona retains jurisdiction he were to remain in Minnesota and not return the Minnesota court would be able to order he return the child to Arizona.

But if the goal is to require him to provide this information? You have to make that request directly to the court.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 2 years ago.
there is nothing I can file now to keep my child in Arizona?
Expert:  P. Simmons replied 2 years ago.

There is, you could file a motion with the court and ask the court to order the child remain in Arizona. If you can show that this would be in the best interest of the child the court will approve the request.