When my children were younger and their father and I were still married (with no court orders for custody etc) on file with the court, I took them from Arizona to move back to Wyoming. This was an abusive relationship and whenever I tried to leave prior the time mentioned above, my then husband would physically prevent me from leaving or attempt to make me leave without my children. It is now 9 years later and he tells our children that he could have pressed charges that would have resulted in felony convictions for me. I did check with an attorney in Wyoming prior to leaving Arizona with the children and he assured me that it was within my rights as a parent of these children, having nothing filed with the courts in Arizona to the contrary, to bring my children to Wyoming. Can you settle this once and for all so that I can have something in black and white to show my now confused and angry teenage son?
Answer
I am not a criminal attorney, and I do not know if the follwing statute existed at the time, but:
per A.R.S. 13-1302, it is a crime if a parent:
"2. Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child."
There are various defenses which may or may not apply.
If there are pending issues with which we can further assist, please contact me.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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