Do I have to return my kids to my ex during a pending divorce?

I do not want them around him or his pot smoking friends anymore. No hearings yet.

Asked on March 1, 2012 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When you say no hearings yet do you mena that there have been no temporary orders of custdy for the children?  Or support?  Well if the papers have been filed you need to bring an expedited motion to ask for temporary custody and supervised visitation given the situation in "the best interest of the children."  If you just keep them from him you are interfering with his parental rights and courts do not like that.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.