Maricopa County Court » court order http://maricopacountycourt.net Sat, 18 Dec 2010 11:23:00 +0000 en hourly 1 http://wordpress.org/?v=3.0.3 Do I Need a Child Custody Lawyer When My Spouse Takes My Child Out of State? /maricopa-county-courts/family-court/do-i-need-a-child-custody-lawyer-when-my-spouse-takes-my-child-out-of-state/ /maricopa-county-courts/family-court/do-i-need-a-child-custody-lawyer-when-my-spouse-takes-my-child-out-of-state/#comments Thu, 30 Sep 2010 16:38:18 +0000 Maricopa County Court /?p=66741 By Justin DiMateo -

If your ex-spouse has decided to take the children out of state, it is advisable that the non-custodial parent speak with a lawyer specializing in child custody issues. The best way to handle this is before your spouse takes them out of the state. If you can anticipate their actions and get a temporary court order before they take them out of the state, you’ll have the Court on your side, which can take a lot of frustration out of the situation.

The first thing you should do if you suspect that your ex-spouse is planning on taking the children out of state is speak with an attorney. Your attorney will be able to advise you on what actions you should take and whether seeking a court order is necessary. If you have a court order, your spouse may be in contempt of court and could be subject to serious penalty.

If neither parent has a custody order, either parent may be free to take the children out of state. In this case, filing for divorce and obtaining a custody order is the first thing you should do. Temporary court orders prohibiting such an action may be necessary as well while the divorce process is playing out. It is important to understand that while divorce laws may be similar, laws may vary from state to state.

If you’re currently living in different states, say neighboring states for instance, and your ex-spouse wants to move the kids to another state, say across the country, you may have a more difficult time in preventing this from happening. Once again, you may try to obtain a temporary court order preventing this from happening, although you should consult with an attorney to determine in which state file and whether you have a case at all.

The bottom line here is that if your ex-spouse is thinking of taking your children out of state or has already done so, your best option is usually to speak to and hire an attorney to file for a court order or explore other legal avenues to prevent t his from happening.

Justin suggests that if you are truly serious or need more information talk now with an experienced and professional Child Custody Lawyer or schedule a consultation with a Ontario Divorce Lawyer. Visit the offices of Diefer Law Group

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