Legal Question in Family Law in Arizona
My sister had a baby with a man in AZ. She has been trying to work on the relationship for a year and a half now. She wants to leave and come live with me in KY. They are not married but his name is on the birth ceritificate and he said that she cant leave un less he says she can go. He is verbally abusive to her and her son. Can he have that much control over her? All I need to know is what we can legally do because I do not want her to get in trouble but she has a job and everything waiting for her up here so she will be able to take care of the baby. I just need advise. Thank you.
3 Answers from Attorneys
He cannot, legally, stop her from going at this point. BUT JUST LEAVING still can have repercussions, as he can file papers immediately after she leaves to force her return. SHE SHOULD DISCUSS ALL OPTIONS WITH US before making a decision.
We can certainly help her consider and then pursue her options for relocatioon. This is obviously a very important matter, and she should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
If there are no court orders in place, he cannot stop her from going. I have been very successful in relocation matters, although it is very difficult to get a judge to grant the ability to relocate. I believe we hold strategize about how she should proceed immediately. Although it is imperative she act quickly. If he files and serves her first, she won't likely be able to leave until the court permits it. Also knowing the judges and how they rule is very important.
We offer fee consultations both in person and by phone.
I'd like to speak with her if I can help in any way.
Best,
Carlie Owsley Walker
623-748-8973
The key point here is that there is no court order in place regarding child custody, at least from what you are saying. So that means the mother has the right to leave with the child and go wherever she desires. Once an establishment order is in effect, then that triggers relocation statutes requiring 60-day written notice to the other parent, his right to request a hearing, etc. I would highly suggest she consult with an experienced family law attorney to better understand her rights and responsibilities and options. Best of luck to you all!
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