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Slorenz
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Member Since Jan 2022
Location: Kansas
Posts: 1
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Default Jan 17, 2022 at 01:39 PM
  #1
Hi, i am going through a tough situation with my wife. Tough as it gets so close to me getting fed up and filing for a divorce and she somewhat knows it. My main concern is my daughter, i don't want to lose her. It all started with my wife's mother who moved to arizona with a job offer 2 years ago but failed and she still lives in arizona. When my wife heard that her mom is moving to arizona, she made the decision to move and uproot everything out of the blue just to be with her. She doesn't have a job, I do. We all have a life here in kansas but she is insisting on moving no matter what. She keeps finding excuses why arizona is a must to move such as phoenix has the best autism school for her grandson. My step daughter gave up on him and my wife has been taking care of him and she has legal guardianship on him. At first my stepdaugher didn't want him to move but my wife pushed her more and more to let him go and she eventually let him go. It has been a complicated situation between them and i somewhat get the feeling it has something to do with his Social Security monthly income which my wife wants to keep him for but can't really prove it. I have a daughter who is 11 and i have been focusing on her since she has been in between the grandson and step daughter and felt ignored. I've always comforted her and been a stern father trying to teach her what's right and wrong. My wife has been very direct and hardhead as if she doesn't care for her feelings. For example if she were to get a covid shot, she's afraid of needles so i comforted and be there for her, my wife is like, hurry up, so what, it's just a shot, get over it. So my daughter doesn't really want to move to arizona and still doesn't. We haven't moved yet and plan to move by summer when our 2nd stepdaughter graduates from high school.

I am wondering if i decided to go ahead with the divorce, does my wife have the power to take her to arizona away from me even if she doesn't have the means to support her and live with her mother in arizona? I just don't want to lose her and i want to know how it would work if this happens.

Sorry for the long comment, need details and ideas on what to do.
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alimills
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Member Since Jan 2022
Location: Colorado
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Default Jan 18, 2022 at 12:06 AM
  #2
Quote:
Originally Posted by Slorenz View Post
Hi, i am going through a tough situation with my wife. Tough as it gets so close to me getting fed up and filing for a divorce and she somewhat knows it. My main concern is my daughter, i don't want to lose her. It all started with my wife's mother who moved to arizona with a job offer 2 years ago but failed and she still lives in arizona. When my wife heard that her mom is moving to arizona, she made the decision to move and uproot everything out of the blue just to be with her. She doesn't have a job, I do. We all have a life here in kansas but she is insisting on moving no matter what. She keeps finding excuses why arizona is a must to move such as phoenix has the best autism school for her grandson. My step daughter gave up on him and my wife has been taking care of him and she has legal guardianship on him. At first my stepdaugher didn't want him to move but my wife pushed her more and more to let him go and she eventually let him go. It has been a complicated situation between them and i somewhat get the feeling it has something to do with his Social Security monthly income which my wife wants to keep him for but can't really prove it. I have a daughter who is 11 and i have been focusing on her since she has been in between the grandson and step daughter and felt ignored. I've always comforted her and been a stern father trying to teach her what's right and wrong. My wife has been very direct and hardhead as if she doesn't care for her feelings. For example if she were to get a covid shot, she's afraid of needles so i comforted and be there for her, my wife is like, hurry up, so what, it's just a shot, get over it. So my daughter doesn't really want to move to arizona and still doesn't. We haven't moved yet and plan to move by summer when our 2nd stepdaughter graduates from high school.

I am wondering if i decided to go ahead with the divorce, does my wife have the power to take her to arizona away from me even if she doesn't have the means to support her and live with her mother in arizona? I just don't want to lose her and i want to know how it would work if this happens.

Sorry for the long comment, need details and ideas on what to do.

I'm no legal expert, but I am going through something similar as far as filing and custody across state lines. If you're filing, I'd assume it's in Kansas jurisdiction. Most states have tough requirements to take a child out of their home state. If your wife doesn't have any means of supporting the child, her odds won't be favorable for winning custody outside of Kansas. If you end up moving to AZ before filing, you may have to meet a minimum number of days as a resident in AZ before you can file in the new state....just a few things to research and consider. I'm currently stuck in a waiting period to file for divorce in our new home state which requires 91-day residency.
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