Parental Rights & Obligations

questions & answers

Question: me and my wife split but she told me if im not with her i cant have no contact with my 1 year old son. she left turned her phone off and has not contacted me about my sons waer abouts or safty and her family tells me there in mexico witch i dont believe but she tells me not to call. i just want to know since we are legley married can she do that and do i have rights to have my son or at least see him?

Answer: While you are married to one another, you are both assumed to have equal parenting rights under the law.  That statement assumes there is no custody order issued by the court.  You have the right to hire a detective to search for her.  You may want to file for divorce and have the custody (legal decision-making) issue decided by the courts.  You may want to spend a few dollars to discuss the details of your situation with an attorney and get some advice on your best options. 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

  • me and my wife split but she told me if im not with her i cant have no contact with my 1 year old son. she left turned her phone off and has not contacted me about my sons waer abouts or safty and her family tells me there in mexico witch i dont believe but she tells me not to call. i just want to know since we are legley married can she do that and do i have rights to have my son or at least see him?

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