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?
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
YOUR FEEDBACK IS NEEDED
- Let us know how we are doing! Please take a couple of minutes to fill out our survey.
FIND LEGAL HELP
- Please select your county of residence below.
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
- Maricopa County Conciliation Services
View full description - Catholic Charities - West Valley
View full description - Quilt Modest Means Program
View full description - Confidential Intermediary Program
View full description - Sandra Day O’Connor College of Law, Civil Litigation Clinic
View full description