Child Custody

questions & answers

Question: So I'm pregnant by a guy who's going through a divorce he's a mean horrible person wish I would have never met him but I'm due in 5 weeks can he serve me papers to keep me from leaving the state while I'm still pregnant

Answer: If the alleged father wants to claim parenting right to your child born out of wedlock, he has the right to file a paternity proceeding, which would verify that he is the father of your unborn child. Once he files the petition in court, he must serve you with a copy of these papers, and then you have thirty days to be summoned to court; pursuant to ARS 25-806. From there, you could go to court, or file a response admitting paternity. Prior to paternity being legally established, he does not have a right to restrict you from leaving the state. If you are fearful for your safety and your child’s safety, you could file a restraining order against him, which you would do at your local court. Once the child is born, you can go to court for custody and file for sole custody, if you believe that will be in the best interest of your child. To find a lawyer to assist you in your case and for further legal help specific to your case, please visit http://www.azbar.org/.