Child Custody

questions & answers

Question: The father of my child left the relationship when i was three months pregnant. And he now lives in Missouri. I've recently been told by a friend that if custody is with both parents part-time that the father needs to live within 100 miles of the child. Otherwise his rights can be taken. Is this true?

Answer: Your friend is referring to Arizona Revised Statutes, Section 25-408 which discusses the rights of parents.  However, your friend is confused about the contents of the statute.  If you have a court order that grants you and the father joint custody (legal decision-making), then you both have equal rights.  The 100 mile issue refers to a parent with joint custody who moves more than 100 miles and and who takes the child with them.  My understanding of your question assumes the child is still with you.  You have the right to go back to court and request sole custody based on his living so far away that the joint legal decision-making and parenting time order is meaningless.  You can obtain the forms and instructions for modifying joint legal decision-making (custody) on the website for the Arizona Superior Court in the self-service center under family law.  Go to:  https://www.azcourts.gov/selfservicecenter.

QUESTIONS

  • The father of my child left the relationship when i was three months pregnant. And he now lives in Missouri. I've recently been told by a friend that if custody is with both parents part-time that the father needs to live within 100 miles of the child. Otherwise his rights can be taken. Is this true?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS