Legal Question in Family Law in Arizona

Custody Issues

My daughter got pregant at the age of 15 and had the baby when she was 16. The father was 18 at the time and I did not want to press charges so he would be around to help out supporting his child. They are not married and never have been. My daughter and the baby, now 3, lives with me at home and the father is on the birth cetificate.

The father is threatening her with taken the baby and not bring him back, and states he has every right to take the baby because it is his. I guess my question is, at this point who is the legal guardian of this child, and what are the parents rights in this type of situation. My daughter is now engaged to someone else and wants to move out of state. Please help


Asked on 1/26/05, 2:27 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Custody Issues

Thank you for your inquiry. When the parents are unmarried, the law says that the parent with whom the child has resided for the greater part of the past six month has legal custody. Even so, it is still a good idea to get a court order so that both parties' rights and obligations are clear and enforceable. Relocation out of state is a different issue, and depends in part on the relationship the father has with the child.

I offer a free initial consultation, so please feel free to contact my office to schedule a time that I can meet with you and your daughter to discuss the details.

Sincerely,

Monica Donaldson

(480)792-9770

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Answered on 1/26/05, 9:26 pm


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