I want to move to Phoenix az where my parents are with my daughter. Me and my soon to be ex husband have been separated well over a year now but he’s weary about me moving and trying to get a divorce in Phoenix and take full custody. I plan on taking her without telling him and I still plan on doing our custody agreement 50/50 and fly with her back to nc July 1 for his six months with her. I do want to make my divorce final before I send her back so that I make sure I get her back. I just want to make sure that since we have absolutely no custody agreement and no pending custody that it’s legal for me to take her. My daughter would have such a better life with me and my parents in Phoenix. They want to take her out and go places with her while I go to school. Just a little advice on the situation would be nice.
If you move her to Arizona without a child custody order, your husband could file an action for emergency jurisdiction based on you fleeing the jurisdiction. If you intend to do a 50/50 order or agreement, you should work to put something in place before moving so you can’t be forced to return with the child.