Legal Question in Family Law in Arizona

Custody & Visitation

In Dec. 05, my daughter and her mom left AZ to go to Montana to reside with her family. It was agreed that it was only temporary and that they would return. She kept putting off the date of their return for a year and a half. This past May, they finally came back. However, they left again in September and are not coming back. From what I am told, my daughter's state of residence is Montana because she has lived there most of her life, even though she was born in AZ. How is custody and visitation going to affect me? We have discussed it briefly, but she will only allow me to see my daughter if I go to Montana or when she comes to Arizona, but to a different city. I mentioned that I would not mind flying to Montana and flying back with my daughter so that my family can see her too. She said that she would not allow me to leave the state with her. Can she do that? She has told me that she plans to come down here for Thanksgiving and my daughter's birthday, but changed her mind and said that she was coming for Christmas instead. But, changed her mind. All because she is upset with me. I'm getting tired of this, and would like to know what I need to do next. Thank you.


Asked on 10/19/07, 6:43 pm

1 Answer from Attorneys
Debra Palomino PALOMINO LAW FIRM, P.C.

Re: Custody & Visitation

To establish your rights to custody, parenting time and support, you need to file a paternity action that includes all of your claims. Until you do this, mom will have control.

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Answered on 10/21/07, 3:00 pm


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