Child Custody

questions & answers

Question: I just had my daughter four months ago me and her father are no longer together never where married but he keeps making comments about taking her or being able take her anywhere he please ex; to California to visit he’s family . My question is since we’re not married but he sign the birth certificate do I have the finale say in things ?

Answer: Unless there is a court order stating otherwise, both parents are considered to have equal rights to their child.  The best situation, of course, is when both parents agree on what is in the best interests of the child and act accordingly.  If you believe you need to limit the father's ability to travel with your child, then you need to go to court and ask the court to define the rights of each parent as to custody (now called legal-decision making) and visitation (parenting time).  Be aware, however, that taking the other parent to court can create hostility.  If you want to establish legal decision-making, you can find the forms on the Superior Court's website along with instructions.  Go to: https://www.azcourts.gov/selfservicecenter/Family-Law-Forms.  You may also want to get some personal legal advice based on the detailed facts of your situation.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is  $75 per  hour.  The telephone number is (866) 637-5341.  Both Maricopa and Pima Counties have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers its 30 minute consult with an experienced attorney for $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.

QUESTIONS

  • I just had my daughter four months ago me and her father are no longer together never where married but he keeps making comments about taking her or being able take her anywhere he please ex; to California to visit he’s family . My question is since we’re not married but he sign the birth certificate do I have the finale say in things ?

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  • State Bar of Arizona
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  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
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