questions & answers

Question: The mother of my 3 year old child was killed in a car accident recently. Paternity was established at the hospital when my child was born . Up until her death we worked out custody, child support and parenting time without having to go through the courts. She had unofficial "custody", because my child was with her when she died, CPS investigated and informs me that since it appears that mother was the custodial parent, that I need to establish custody through the courts. Can someone make sense of why I would need to establish custody, per CPS

Answer: Per ARS 13-1302 (subsection B), “If a child is born out of wedlock, the mother is the legal custodian of the child for the purposes of this section until paternity is established and custody or access is determined by a court”. If you established paternity at the hospital when your child was born, CPS should have no grounds for their claims that you have to establish custody once again. For a more concise answer to your question please consult a licensed attorney who deals with Family Law.