Child Custody

questions & answers

Question: If a couple had a child but wasn't never married, would it be legal for the mother to take the child to Califonia from arizona without the fathers permission?

Answer:

The answer to your question depends on the specific circumstances of your case.  If the child's father acknowledged paternity by signing the affidavit required to place his name on the birth certificate, then he has legal parental rights that you need to consider.  If there is a legal father in the picture, is there also a written custody agreement?  If there was a court proceeding with a custody order or a custody agreement, that order or agreement controls.  It may have language about relocating the child.  If you have joint legal custody (now called legal decision-making), A.R.S. Section 25-408 requires you to give the other parent 45 days notice of your intent to move to another state to allow time for him to file an objection in court. 

On the other hand, if the father's name is not on the birth certificate and he has done nothing to establish his parental rights, you are the only legal parent the child has and the only one with the right to make decisions for the child, including where to live.

QUESTIONS

  • If a couple had a child but wasn't never married, would it be legal for the mother to take the child to Califonia from arizona without the fathers permission?

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