questions & answers

Question: I have been living in phx since 08/2018. My twins were born on 10/8/18 in phx, AZ. Their father served me papers (ie: custody, child support) in 07/2018 in Lincoln, NE. His name is not on the birth certificate. We already broken up before I got pregnant & I was already planning on moving to AZ b/c all of my family/ support is here as I have none in NE. He too was originally planning on moving to AZ when I told him the news and later changed his mind. Which court would have jurisdiction? Can NE make me move back with the twins?

Answer: Your question has a few missing pieces that are necessary to provide a complete answer.  Were you and the father married at the time the children were born?  If so, the law presumes he is the legal father.  If you were not married, has the father established paternity?  If you did not list him on the birth certificate, did he go to court, take a DNA test, and be declared the father?  You have the right to file a custody (legal-decision making) case with the Arizona courts if you are not married.  It would be a petition for dissolution of marriage with a request for sole legal decision-making if you were married.  You should really discuss the issue with an attorney.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means offers a one hour consult with an experienced attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625. If you do  not have sufficient money to pay for a reduced fee consult, you can go elsewhere on this website and apply to see if you qualify for a free lawyer.  Go to http://www.azlawhelp.org/access