Who gets the kids?

[jasonpinaz]

What is the name of your state (only U.S. law)? Arizona.
I found out today my wife is seeing someone else. She denies it, but I have proof. We have a 2 year old son together and a 4 year old step son as well, she had him when we met. We just moved to arizona a few months ago from Ca. and had to go to court to get permission to take my step son out of the state. I have been asking her questions about whats going on, she goes out every night sometimes allnight. When I try to confront her she says she'll take the kids and go back to Ca. What can I do? How do I confront her and what if she takes off with my boys?

 

[Silverplum]

What is the name of your state (only U.S. law)? Arizona.
I found out today my wife is seeing someone else. She denies it, but I have proof. We have a 2 year old son together and a 4 year old step son as well, she had him when we met. We just moved to arizona a few months ago from Ca. and had to go to court to get permission to take my step son out of the state. I have been asking her questions about whats going on, she goes out every night sometimes allnight. When I try to confront her she says she'll take the kids and go back to Ca. What can I do? How do I confront her and what if she takes off with my boys?

Did you legally ADOPT the child of her previous relationship??

 

[jasonpinaz]

no I did not legally adopt him his father still has partial custody.

 

[LdiJ]

What is the name of your state (only U.S. law)? Arizona.
I found out today my wife is seeing someone else. She denies it, but I have proof. We have a 2 year old son together and a 4 year old step son as well, she had him when we met. We just moved to arizona a few months ago from Ca. and had to go to court to get permission to take my step son out of the state. I have been asking her questions about whats going on, she goes out every night sometimes allnight. When I try to confront her she says she'll take the kids and go back to Ca. What can I do? How do I confront her and what if she takes off with my boys?

How long have you been in AZ? You may not be able to prevent her from leaving with your child, if you have not lived in AZ long enough for legal residency to be established.

 

[Silverplum]

no I did not legally adopt him his father still has partial custody.

Then you have NO rights to him, whatsoever. Take HIM off your list of wrongs.

*I* find it most interesting that Mom used you to get out of state with another man's child...and you were cool with it. Not so nice on the other side now, is it?

 

[jasonpinaz]

I moved here at the end of January.she came here with the boys the begining of march. Do i have any rights here in Az?

 

[Silverplum]

I moved here at the end of January.she came here with the boys the begining of march. Do i have any rights here in Az?

Leave the first boy out of it. He doesn't belong to you.

 

[jasonpinaz]

I was afraid that would happen, But what do I do when she comes home in an hour and I confront her with this new evidence and she tries to leave with my son? Also how do i begin the divorce procedure? Thanks for any help you can offer, It's really appreciated.

 

[LdiJ]

I was afraid that would happen, But what do I do when she comes home in an hour and I confront her with this new evidence and she tries to leave with my son? Also how do i begin the divorce procedure? Thanks for any help you can offer, It's really appreciated.

Mom and the children are not legal residents of AZ at this point. They are still legal residents of CA. Therefore, most likely CA would have jurisdiction over child custody matters regarding your child. Again, you have absolutely no legal rights at all where the other child is concerned.

 

[mistoffolees]

Mom and the children are not legal residents of AZ at this point. They are still legal residents of CA. Therefore, most likely CA would have jurisdiction over child custody matters regarding your child. Again, you have absolutely no legal rights at all where the other child is concerned.

That's all well and good, but he'll need help with the one who's his child. If they moved to AZ in January, and if he can hold out until it hits 6 months, then he could file for divorce in AZ and ask for custody. If she's regularly out all night and he's the primary caregiver, that's not out of the question, although since the 2 year old has a 4 year old half brother who would clearly be going back to CA, the burden of proof to try to separate the kids would be huge. You'd have to be able to prove beyond any doubt that she's an unfit mother. Going out all night (as long as you were there to watch the kids) wouldn't cut it.

If you can't wait 6 months or if she goes back to CA before the 6 months are up, you could still file for divorce and ask for custody, but it's just not likely.

Consult an attorney, but it looks like your best bet is probably going to be joint legal custody with her having primary physical and you getting liberal visitation. That is, unless she doesn't want the kids, then you might be able to get the 2 year old. There's not a chance in the world that you'd get the 4 year old, though.

 

[acmb05]

Mom and the children are not legal residents of AZ at this point. They are still legal residents of CA. Therefore, most likely CA would have jurisdiction over child custody matters regarding your child.

Legal residency in Arizona for purposes of divorce is 90 days. Therefore he can file for divorce in Arizona at this time.