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


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.

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