Child Custody

questions & answers

Question: My wife is threatning me to move out of state with my 3 yr old daughter. We don't live together now but I am still a legal guardian and the father on the birth certificate. What should I do to keep her from taking my child.

Answer: Your questions refers to the other party as "your wife."   If you are both married to one another, the law presumes you both have equal rights to make decisions about your children.  if you are divorced, Arizona Revised Statutes, Section 25-408 states that if both parents have legal decision making rights, your ex-wife cannot move your child from the state without your agreement unless she asks the court to modify the decree.  You may need to talk to a lawyer.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.