questions & answers

Question: I had a baby in October 2016, the father and I both signed acknowledgment of paternitynand the birth certificate. We are not, nor have we ever, been married. I have my daughter full time, and we aren't doing anything about custody or in the court system. The only times he's seen his daughter is when I pick him up for visits that we've scheduled.. I recently received a job offer in another state, along with acceptance to a school for nursing. I have family there as well. My question is this- am I able to move with my child out of state? Would it be considered parental kidnapping?

Answer: The information in your question states that there has been no court case regarding custody, legal decision making or child support.  Because you and the father agreed in writing that he is the child's father and signed paternity papers, the law presumes both parents have equal custody.  Arizona Revised Statute, section 25-408 requires that you notify the father in writing that you intend to relocate to another state and take your child with you. You must send this notice by certified mail, return receipt requested, or serve the notice via a process server.  The father then has 30 days under the statute to file a petition with the Court to prevent you from leaving the state with the child.  If he does file a petition with the court, you will need to file a response and set forth the reasons for the move.  Your best bet, of course, is to seek the advice of an attorney.  Consider calling the Maricopa Bar's Lawyer Referral Service at (602) 257-4434.  For a $40.00 fee, you will receive a 30 minute consultation with a lawyer experienced in Family law.