Legal Question in Family Law in Arizona

Hello, First of all I would like to thank everyone in advanced for taking the time and reading.

We are in the state of AZ

My husband had a beautiful child with his ex 7 years ago, He has has been the primary custodian of his child since their child was an infant. They were never married and paternity was established by both parents signing the Acknowledgement of paternity when their child was born.

Their child was to visit her mother for vacation and then return for school, of course this did not happen, mother has cut off all communication, changed phone numbers and no address was given.

My husband is in the process of filling for custody.

My question is

Is the mother of his child committing custodial interference?

If so what type of repercussions will the mother be at fault for?


Asked on 12/22/09, 1:00 pm

1 Answer from Attorneys

Joan Bundy Joan Bundy Law

If he was/is legally the primary custodian of the child, then yes. If not, and he is just requesting physical custody, then no. If he does have at least joint custody and she is secreting the child without communication that would be custodial interference and possibly kidnapping.

Best of luck! Let me know if there is anything else I can do to help.

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Answered on 1/05/10, 7:09 pm


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