Child Custody

questions & answers

Question: I have a 2 year old son, shortly after he was born I was granted through the courts sole legal and physical custody. What rights does his father have even though I have both. Could he stop me from moving?

Answer:

Sole legal custody is awarded under Chapter 25 of the Arizona code, in family court - not juvenile court - and simply gives you the power to make major life decisions for the child. You should read your original decree very, *very* carefully, because even sole custodians are often required to at least consult with the non-custodial parent before making a unilateral decision. In fact, the decree might even contain requirements that the custodial parent give notice in writing. Every case is different, so you must go back to the decree and read every, single paragraph carefully!

However, in the absence of any guidance from the decree, then you would have the sole right to make major life decisions for your kids, such as schooling, church, therapy/counseling, medical treatment and other "big ticket" items. Just make sure you are respectful of the non-custodial parent's status as the biological father/mother, and treat him/her exactly how you would want to be treated if your positions were reversed.