Child Custody

questions & answers

Question: I want to leave the state and go to Nevada with my daughter but her dad tells me it’s illegal and if I do it I’ll be in trouble. Is this true? We were never married, he is on her birth certificate.

Answer: The answer to your question depends entirely on the circumstances.  Do you and the child's father have a custody agreement through the court?  If you do, Arizona Revised Statutes. Section 25-408 requires you to give dd 45 days advance written notice before moving more than 100 miles within the state or moving outside the state.  That 45 day notice gives him time to file an objection with the court.  If you have never had a custody agreement or order, the law presumes both parents have equal custody rights and equal decision making rights.

QUESTIONS

  • I want to leave the state and go to Nevada with my daughter but her dad tells me it’s illegal and if I do it I’ll be in trouble. Is this true? We were never married, he is on her birth certificate.

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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