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.