questions & answers

Question: My wife has been in prison for the past 10 months, and was just released last month. I have been raising our 16 month old daughter on my own since Nov. 2013. I need to leave my wife, but refuse to leave my baby with someone she views as a stranger. Can I take her and leave without going to jail while I start filing for divorce?

Answer: The information here is provided as general information. You may want to consult with an attorney for advice. Our website has information on custody and parenting time for children. You would want to go to http://www.azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=68 for more details on custody. Below is what they say in more detail on custody: Custody is a legal term referring to the right of a person to make decisions about the care and welfare of a child (for example, decisions about education, health care and religious training). The parent with custody is often called the "custodial parent." In many cases, the child lives with the custodial parent most of the time. The law does not favor one form of custody over another, nor do they base their decisions on the sex of the parent.