questions & answers

Question: My son has been taken over state lines without my permission. He was sent by his mother to his grandmother's I think. We were never married and there is no court ordered custody. How do I start the process of getting him back into Arizona and getting custody of him?

Answer: Under A.R.S. § 13-1302(B), in the case of an unmarried couple where paternity has not been established, the mother is the presumed legal custodian of their child. So unless the there was a formal written agreement executed that granted parenting time rights, she did not break any rules by leaving the state. Your question does not indicate when Mother left Arizona for her new home, nor does it indicate whether a court in Arizona or some other court has previously issued *any* decree (e.g. harassment injunction or DV protective order) that included language about access to the child. So I cannot give you more answers, except to strongly suggest that you contact a family law attorney if you want to explore your options.