questions & answers

Question: My boyfriend and I (never married) had our son in TX and upon our agreeing to split decided to a three month rotation until he was old enough for school at which point I agreed to live where his father was so we could do one week on and one week off. I moved back to AZ and went to pick him up in TX after 3 months for my turn only to find out he moved from our house and is refusing me to tell him where he is unless I sign full custody to him. I calledthe police but in TX we both have 50/50 until a court were to say otherwise. Can I file for custody in AZ without him in my possesion?

Answer: You may want to review the Uniform Child Custody Jurisdiction and Enforcement Act, which is contained in Title 25 of the Arizona Revised Statutes, and begins at A.R.S. § 25-1001 of the Arizona Revised Statutes. A.R.S. § 25-1002 contains definitions, and the sections regarding jurisdiction (ability/requirements deciding which state is able hear a custody matter) start at A.R.S. § 25-1031.