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needhelpx2

Junior Member
What is the name of your state? Arizona
I wouldlike to leave my spouse. We have several children under the age of ten. My spouse has become disabled, he has only worked for one year in our entire ten year marriage, and is now a drug addict. This is documented by councelor and family intervention.

When i told my spouse I wanted out of the marriage, he was very angry. Told me I would not get custody of our children, that I would be paying child support and alimony, and that I should leave the our home.

I neeed a break, I would like to take my children out of state on a vacation, after they finish the school year, can I do this without getting into legal trouble?

What am I to do?

Thank you for your help.
 


Ohiogal

Ohiogal

Queen Bee
What is the name of your state? Arizona
I wouldlike to leave my spouse. We have several children under the age of ten. My spouse has become disabled, he has only worked for one year in our entire ten year marriage, and is now a drug addict. This is documented by councelor and family intervention.

When i told my spouse I wanted out of the marriage, he was very angry. Told me I would not get custody of our children,
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You both may get custody of the children but he has apparently been the primary caregiver, hasn't he? If so then he will remain the primary caregiver most likely.

that I would be paying child support and alimony,
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Both of these are possible.
and that I should leave the our home.
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You don't have to leave the home nor does he.

I neeed a break, I would like to take my children out of state on a vacation, after they finish the school year, can I do this without getting into legal trouble?
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Yep.

What am I to do?
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File for divorce and ask for custody, child support, and sole possession of the marital home.


Thank you for your help.
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Welcome.
 
M

mistoffolees

Senior Member
needhelpx2 said:
What is the name of your state? Arizona
I wouldlike to leave my spouse. We have several children under the age of ten. My spouse has become disabled, he has only worked for one year in our entire ten year marriage, and is now a drug addict. This is documented by councelor and family intervention.

When i told my spouse I wanted out of the marriage, he was very angry. Told me I would not get custody of our children, that I would be paying child support and alimony, and that I should leave the our home.

I neeed a break, I would like to take my children out of state on a vacation, after they finish the school year, can I do this without getting into legal trouble?

What am I to do?

Thank you for your help.
Click to expand...
If you have no legal orders otherwise, you're free to take the children out of state for vacation. He is then free to run to court for an emergency hearing demanding custody on the basis of his claim that there is a risk that you'd keep the children out of state (whether you'd actually do it or not is immaterial).

At the same time, he can not make you leave the home unless you are a demonstrable threat and he gets a court order.

Better to consult with a local attorney before you do anything.

Oh, and btw, his admitting to the counselor that he's a drug addict probably won't be admissible because of patient confidentiality. You need other evidence.
 
LdiJ

LdiJ

Senior Member
He can be made to release his medical and counseling records in a child custody battle. His odds of primary custody would not be strong in that instance.

He would need some significant length of sobriety in order to get primary custody.
 
M

mistoffolees

Senior Member
LdiJ said:
He can be made to release his medical and counseling records in a child custody battle. His odds of primary custody would not be strong in that instance.

He would need some significant length of sobriety in order to get primary custody.
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Oh, yes. I was thinking about it from the standpoint of whether she could get him out of the house. In child custody, a LOT more things are relevant, as you pointed out.
 
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