questions & answers

Question: I have a 2 year old child with my ex. we were never married and never went through the courts to establish custody. He moved out of state when my son was 3 months old and has only seen him a few times. My fiance is in the army and we will be relocating to texas when he gets home from his deployement. Is there a law that can stop my ex from letting me leave the state with my son, even though he doesnt even live here?

Answer:

Custody involving numerous states can get complicated. You may want to contact an attorney to discuss how the laws apply to your specific situation. The following is given as general information about custody.

Without established paternity and no custody orders, generally the mother is the presumed custodian of the child. A.R.S. § 13-1302(B). Concerning custody and parenting time, and assuming that: (1) no other State has previously issued any existing custody or parenting time orders; and (2) the child has lived in AZ for the last six consecutive months, AZ will remain the proper venue for either parent to file custody paperwork until TX becomes the new Home State. However, it is possible for an ex to file paperwork in Arizona to demand custody and parenting time.