My husband and I moved to AZ in 2004 and I want to move back home. Is it legal for me to take my children back home without his permission or can he have me arrested?

If you are still married you have equal rights to the cildren which means that you can take them with you but he has just as much right to come pick them up and bring them back with him. If you are getting divorced I would recommend waiting until the judges final rulling is in befoe moving becaue that way there will be a physical custody order in place.

Are you separated or divorced ? Is there any child custody orders in place ? If there is a child custody order in place does it specify that that you can not take the children out of state without his permission ?

Also if he says you can't, he can not just have you arrested he will have to take you back to court and have you found in contempt and the court may order you to move back, ** but this is only if there is a order in place not to move.

So without more info about the status of your relationship and custody of the kids we can not properly answer

I live in Arizona and an attorney told me that during a pending divorce, I could not take my children out of the state to live.

Quote:

---

Originally Posted by maxxy

I live in Arizona and an attorney told me that during a pending divorce, I could not take my children out of the state to live.

---

This is from 2008. You other thread says you do not have an Attorney. Which is it?