Phoenix, AZ asked in Family Law for Arizona

Q: My ex husband will not let me see my 17 yr old daughter and there is no custody order what can I do

She doesn't want to live with him can I just go get her and file custody papers

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1 Lawyer Answer

A: If there is no order, neither of you have superior rights. Unfortunately at this point, filing for custody may be a moot point. The court loses jurisdiction over the child when she turns 18 and it can take several months for the court to make a custody determination.

When she's 18, she can live with you if she prefers. If she cannot wait until then, she can come live with you now. Your ex husband may contact the police, but there really isn't anything they can do about it if there's no order. This is a messy situation though, so I'd encourage you to work it out amicably, if possible.

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