Child Custody

questions & answers

Question: is it leagal for an unwed mother to move out of state with kids if the mother has posesion of them?

Answer: You may want to begin by reviewing the articles on this website titled “Things you should know about Custody and Parenting Time”. This article is intended to provide general information about custody or parenting time. I am not sure what type of custody the mother has, because having “possession” could mean more than one thing. In Arizona, a parent who is the non-custodial parent still has a right to meaningful and reasonable parenting time with the child. Please review the Arizona Revised Statues, Title 25 Marital and Domestic Relations, for Arizona rules on child custody issues.  You may want to begin with §25-403 Custody, best interest of child  . Custody is up to the court to decide. A.R.S. § 25-403 states, "The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child." A.R.S. § 25-403-01 discusses that the court can award sole or joint custody. A.R.S. § 25-408 discusses the rights of the noncustodial parent, including parenting time. A.R.S. § 25-814  discusses a presumption of paternity if a man and "the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation." However, presumptions can be overcome. A.R.S. § 25-812  discusses voluntary acknowledgment of paternity and the process for challenging a voluntary acknowledgment of paternity. Relocating a child is a fact specific situation, which can be affected by any agreements you may have with the father. Please review any orders or agreements, should there be any for information on relocation. If you do not have any agreements or orders, please begin by reviewing §25-408 which talks about relocation of a child. Again, depending on the specifics of the situation, the process may change. You may want to consult with an attorney to receive guidance on your specific situation.