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shelly1002

Junior Member
What is the name of your state (only U.S. law)? Arizona. My son had to come to AZ. to get away of a controlling, emontionally abusive wife. He had no family or friends there (COLORADO). He was a reck. Well, she has the baby because we did not know if we could take her at the time. It was a rush, rush situation. Now the wife changed her phone# and wont let him talk to her. No papers have been filed for anything. He has to wait 90 days to file here in AZ. Can he go get his child and bring her here to AZ. without it being kiddnapping?:( It seems no matter where we turn I dont get call backs, etc. The last time I posted here I got negitive feedback and name calling. I am hoping to have alittle more pleasant experience this time. ThanksWhat is the name of your state (only U.S. law)?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Arizona. My son had to come to AZ. to get away of a controlling, emontionally abusive wife. He had no family or friends there (COLORADO). He was a reck. Well, she has the baby because we did not know if we could take her at the time. It was a rush, rush situation. Now the wife changed her phone# and wont let him talk to her. No papers have been filed for anything. He has to wait 90 days to file here in AZ. Can he go get his child and bring her here to AZ. without it being kiddnapping?:( It seems no matter where we turn I dont get call backs, etc. The last time I posted here I got negitive feedback and name calling. I am hoping to have alittle more pleasant experience this time. ThanksWhat is the name of your state (only U.S. law)?
He can pick up his child, yes, but let's be realistic - is he going to physically remove the child from Mom's arms (for example)? How exactly is he going to do this? And he needs to be aware that if he brings the child to AZ Mom will probably march straight down to court and request the child be returned to CO..which will, in all likelihood, be ordered.

So, since you seem to have re-registered, how about a little history? Where is your son? Why isn't he taking charge here?
 
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shelly1002

Junior Member
I wish he could, but he has a low mentality(?) and physical disabilities. Which we are now going thru SS for benefits. This is where I got the name calling and put downs here cause I was helping my son. I've always had to be. It is not so bad that he cant take care of his daughter, but some things just dont compute. Hard to discribe, right now investgating chemo effects, etc. His wife has posted on a certain website and through old texts( 3 wks. ago) that she is very depressed and will probably be dead or in jail by the end of the yr. cause she cant handle the baby(3 yrs. old). We have copies of all these statements.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Arizona. My son had to come to AZ. to get away of a controlling, emontionally abusive wife. He had no family or friends there (COLORADO). He was a reck. Well, she has the baby because we did not know if we could take her at the time. It was a rush, rush situation. Now the wife changed her phone# and wont let him talk to her. No papers have been filed for anything. He has to wait 90 days to file here in AZ. Can he go get his child and bring her here to AZ. without it being kiddnapping?:( It seems no matter where we turn I dont get call backs, etc. The last time I posted here I got negitive feedback and name calling. I am hoping to have alittle more pleasant experience this time. ThanksWhat is the name of your state (only U.S. law)?
If he had taken the baby, mom would have immediately rushed to court to obtain an order for him to return the baby to CO, and if a judge ordered that and he didn't comply, then it WOULD be kidnapping.

Could he go to go and take the baby? Sure, at this point they both have equal legal rights. However, do you honestly believe that mom would willingly turn the child over to him? That he would have any chance whatsoever of taking the child without serious drama and potentially an arrest for DV?

What he should have done was stuck it out, for the sake of his child, until custody was decided.
 

shelly1002

Junior Member
So he cant do anything and she calls all the shots? I just dont get it. Can he get some for the courts here in AZ. to get the baby? The wife's boyfriend is on IP for possion with the intent to sell. Her brother molested her and she became pregnant by him at 15. Yes, the uncle is still in the pic. This resulted in an abortion. The grandfather where the child is most of time has kicked the other grandchild. I just cant believe this little girl has to be in this.
 

Proserpina

Senior Member
I wish he could, but he has a low mentality(?) and physical disabilities. Which we are now going thru SS for benefits. This is where I got the name calling and put downs here cause I was helping my son. I've always had to be. It is not so bad that he cant take care of his daughter, but some things just dont compute. Hard to discribe, right now investgating chemo effects, etc. His wife has posted on a certain website and through old texts( 3 wks. ago) that she is very depressed and will probably be dead or in jail by the end of the yr. cause she cant handle the baby(3 yrs. old). We have copies of all these statements.
I have to be honest - if your son has severe disabilities of that nature and he needs constant assistance, you really must consider what's going to be best for this child and not what's best for the child's parents.

Please ask yourself the question and be brutally honest with yourself - is your son capable of taking care of a child full time?
 

Proserpina

Senior Member
So he cant do anything and she calls all the shots? I just dont get it. Can he get some for the courts here in AZ. to get the baby? The wife's boyfriend is on IP for possion with the intent to sell. Her brother molested her and she became pregnant by him at 15. Yes, the uncle is still in the pic. This resulted in an abortion. The grandfather where the child is most of time has kicked the other grandchild. I just cant believe this little girl has to be in this.
How do you know grandfather is kicking a child?

Was the molestation proven?

It's not that Mom calls the shots per se - it's that your son basically gave her the upper hand when he left without his daughter.

As said earlier, he needs to file for divorce. He cannot do a thing before then, realistically. CO does, at the moment, have jurisdiction over the matter anyway - there's nothing the AZ courts can do at this point.
 

shelly1002

Junior Member
Yeah, he can take care of her. He is the one who always did and thats why mom cant handle it now that he is gone. Plus he has family and friends to give him support. There she put him down and her parents did the same. He had no friends there and was not allowed to drive the car to go anywhere, etc. She would not talk to him most the time. She would text him from the other room, we've seen that here.
 

shelly1002

Junior Member
yeah, I guess we will have to wait. It is a shame that mom wont even let him talk on the phone to her. Her family has talked about the molestation, but I dont know if law was involved. Mom, Dad and baby have told me about the kicking. He loves his baby and it is upsetting to see a man cry over his daughter. He just had to get out and get his head clear. So, many people out there don't care about what happens to there kids and you get one who does and cant do anything.
 

mistoffolees

Senior Member
From reading your posts, it looks like your son may be making a mistake.

He has moved to AZ and is waiting to establish residency there before filing for divorce. Unfortunately, AZ will have no jurisdiction over the child.

If he wants the court to decide on custody, he needs to file in CO. He may need an attorney to do it.
 

Bali Hai

Senior Member
From reading your posts, it looks like your son may be making a mistake.

He has moved to AZ and is waiting to establish residency there before filing for divorce. Unfortunately, AZ will have no jurisdiction over the child.

If he wants the court to decide on custody, he needs to file in CO. He may need an attorney to do it.
Is there any chance that he can recover attorney fees??

After all, his wife is controlling and emontionally abusive AND calling all the shots.
 
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Proserpina

Senior Member
Is there any chance that he can recover attorney fees??

After all, his wife is controlling and emontionally abusive AND calling all the shots.
I don't think voluntarily moving away from the child calls for the other party paying the legal fees...y'know? :eek:
 

LdiJ

Senior Member
After reviewing the thread, I see that the subject is a man.

How stupid of me to ask that question.:eek:
Bali, the questions here are about child custody. Any parent who moves out of state and leaves their child with the other parent would be in exactly the same position as this parent. Gender has nothing to do with it.

Even if his wife has to pay his legal fees 100%, its not going to change the problem or make the problem go away.
 

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