Child Custody

questions & answers

Question: Can I move out of state with my 7 year old son? I was never married to his father and he doesn’t pay me monies for my son’s support. The father has been in jail for violating probation for drug use.

Answer: The answer depends on some specifics that are not included in your question.  Is the father listed on the birth certificate as the father?  Is there a court ordered or signed custody agreement?   If he is legally the father by way of a paternity action or signing the affidavit to place his name on the birth certificate, the question then become what are his custody rights?  If by written agreement or court order, both parents are entitled to equal parenting time (joint custody), then Arizona Revised Statutes, Section 25-408 requires you to give him 45 days advance written notice.  The notice time is designed to allow him time to object to the move by filing papers with the court.