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Wanted legal advice. Husband left Home and took all of his…

Wanted legal advice. Husband...

Wanted legal advice. Husband left Home and took all of his personal belongings while I was away from home

Lawyer's Assistant: Family law varies by state. What state are you in?

Arizona

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have a child in common and made it clear he doesn’t want to be contacted by us either. I have no idea where we went. He refused to provide an address and I’m a stay at home mom and depend on him

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Answered in 1 minute by:
3/13/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,842
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this; have any court papers been filed?

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Customer reply replied 5 months ago
No since this is very recent. however, this is not the first time he has walked away from home. But, this is definite the last.

Thank you;

That must have been difficult to deal with.

Basically parents have a legal obligation to support their minor children and it requires a court order re: support; this petition can be filed requesting temporary orders re: child support and child custody:

http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/Forms/FamilyCourt/fc_drt1.asp

It is usually filed in conjunction with a petition for divorce or legal separation which also enables a party to request spousal support.

If a party cannot be located to be served the papers, the requesting party can file a motion seeking an order for publication of the documents which requires filing a due diligence affidavit showing an attempt was made to locate the individual.

Then the court may enter a default judgment which may for example give the parent exclusive use and possession of the family home, support orders, etc.

This agency actually assists with the establishment and collection of child support orders:

https://des.az.gov/services/child-and-family/arizona-child-support-services

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Customer reply replied 5 months ago
does he has any legal rights to the home (currently renting) and personal property inside the home after he left? does he also have legal rights to see his child since he left? I need to know what happens in the legal point of view when a spouse decides to leave home and everything behind.

The court will divide the property based on the principles of equitable division, which means a fair and just division which is not necessarily equal.

The court often awards the family home to the parent that has custody of the minor child.

Generally it is not deemed abandonment until the parent makes no contact and provides no support for at least 6 months; but the fact that the parent left and made no attempt to maintain a relationship with the child can be a significant factor when the court tries to determine an appropriate custody arrangement.

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Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,842
Experience: Experienced Family Law Attorney
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