Child Custody

questions & answers

Question: I have a 15 month old child with my girl friend. she the mother has been out of state for 3 an a half months I have been supporting and taking care my son sence birth do I have any legal rights

Answer:

AZLawHelp Question 22140

The court determines custody, either originally or on petition for modification, in accordance with the best interests of the child. When parents do not agree on child custody issues, Arizona requires a judge to determine custody based on the best interests of the children. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00403.htm&Title=25&DocType=ARS

Arizona parents may decide between two types of child custody: legal and physical, and both may be either sole or joint custody. Legal custody grants a parent the power to make decisions concerning the children. If sharing legal custody, called joint custody, then parents must make the decisions concerning medical care and schooling. http://www.divorcesource.com/ds/arizona/arizona-child-custody-4954.shtml

Physical custody means physical possession of the children. With sole custody, the children primarily live with one parent. Joint physical custody, however, requires children to spend time living with both parents. http://www.divorcesource.com/ds/arizona/arizona-child-custody-4954.shtml

Termination of parental rights

Any person or agency that has a legitimate interest in the welfare of a child,may file a petition for the termination of the parent-child relationship. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00533.htm&Title=8&DocType=ARS
 
There must be sufficient evidence that would justify terminating the parent-child relationship shall include any of the following; the court will also consider the best interests of the child. Evidence of abandonment or neglect qualifies.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00533.htm&Title=8&DocType=ARS

Abandonment

The state of Arizona considers abandonment of a child a punishable offense. A parent who abandons a child for at least six months, faces three months in county jail if convicted.

In Arizona, abandonment includes, a failure to maintain a significant relationship or regular contact and a failure to provide minimal effort to talk with or support the children. To prove abandonment, the state must prove that a parent's conduct demonstrated a purposeful intent to relinquish the parental duties and rights. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03619.htm&Title=13&DocType=ARS