Moline, IL asked in Family Law and Child Custody for Arizona

Q: Father in Iowa. Two kids in AZ. Mom won't allow contact. How do we start?

He signed both birth certificates. They lived together for years (not married) before splitting up. No legal agreements on paper. Do we start here in Iowa or AZ?

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1 Lawyer Answer
John R Gaertner Jr
John R Gaertner Jr
  • Divorce Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: If the children have lived/resided in AZ for the past 6 consecutive months, then the matter should be brought in AZ. That is where you would start. The Petition that needs to be filed is a Petition to Establish Paternity, Legal Decision Making Authority, Parenting Time and Child Support. Paternity appears to be a non-issue but will still have to be established. This will no doubt be complicated for Father given that he lives out of state and Mother does not appear to be a cooperative parent.

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