questions & answers

Question: I have neve had a formal court agreement regarding my children and their father, I have them all the time and he has been deport to Mexico, he want to see them in Mexico this summer, what paper wk should we do ? He says he will agree to the terms that I have them, but I want to be cover legally

Answer: If the parents of a child were not married, Arizona law presumes that the mother has full custody of a child.  It is possible for paternity of a child to be established through the courts at which point the father has legal rights to the child.  After paternity has been established, the father can file for custody or parenting time with the child.  

In cases regarding child custody and parenting time, it is the duty of the court to make a decision based on what they believe to be in the best interests of the child.  According to Arizona Revised Statute 25-403 if a child is of suitable age and maturity, the court can take the wishes of the child into account when making a decision about custody.

For more information on what a court will consider when making child custody decisions, read the full text of Arizona Revised Statute 25-403: http://www.azleg.state.az.us/ars/25/00403.htm

A publication by the Department of Homeland Security outlines what documents you will need when traveling out of the country with a minor.

Both the adult and the minor will need to have a valid U.S. Passport or Trusted Traveler Program Document for U.S. entry.

•If you are escorting a minor child without the parents, have a letter from both parents indicating that you have permission to travel with the minor.
•If the child is accompanied by only one parent, the parent should have a note from the child's other parent. For example, "I acknowledge that my wife/ husband is traveling out of the country with my son/ daughter. He/She/ has my permission to do so."
•If a single parent has sole custody, a copy of the court custody document can replace a letter from the other parent.

For more information, visit: http://www.dhs.gov/how-do-i/travel-overseas