Legal Question in Family Law in Arizona
Child Custody/Support/Reasonable Visitation
The father of my son is named on his SC birth certificate. My son and I moved to Arizona 5 months ago. There was never a custody agreement or child support agreement between his father and I. His father would like my son to visit him for a couple of months this summer but I need to know what kind of legal documents I need to guarantee support, custody and most importatnly my son's return to me at the end of the visit. My funds are limited and therefore I can not afford a retainer at the moment.
2 Answers from Attorneys
Re: Child Custody/Support/Reasonable Visitation
You may initiate Support procedings in the state you are now living . They will in turn initiate inter-state procedings in his state. He will either agree to paternity there or they will commence blood tests. IfW he is father support will follow. Go to your county support office at the courthouse for an appointment. With regard to custody, wait a month then see a lawyer to file for custody. The UCCJA requires six months residency of child for jurisdiction. Once you get an order in your state he will have to follow it or his state court can enforce your order. The federal Parental Interstate Kidnapping Act brings the FBI to enforce illegally taken or kept children. File a Complaint in Custody with a local atty.
Re: Child Custody/Support/Reasonable Visitation
You and the father should agree on support, custody, and visitation. He must also
agree for Arizona to be the state where all of these matters may be decided. Then
put the agreement in writing and take it to the appropriate court in Arizona for
approval. Then and only then should you allow the child out of Arizona.
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