Phoenix, AZ asked in Family Law for Arizona

Q: If I leave my baby's mother and move out, will I be able to see my child?

Our son is still under a year old, me and the mother have been living together but have recently decided to break up. I have been wanting to move out because living with an ex is hard, but haven't because I am scared that I won't be able to see my son once I leave. I wouldn't take him with me because she would never allow that and would probably try to make a case that I kidnapped him. So if I left to live somewhere else, in between all the legal stuff I want to be able to see my son as I would feel horrible going even one day without him. Would I be still be able to see my son? Or would I have to wait for a mediator or court meeting?

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1 Lawyer Answer
Rich J. Peters
Rich J. Peters
  • Phoenix, AZ
  • Licensed in Arizona

A: If we were helping, we would be approaching Mom right away to demand access. We would also be filing right away. She does not have the right to unreasonably restrict your access, and if she does so, she herself could suffer repercussions.

Do not allow yourself to miss irreplaceable milestones and memories. With your initial "Complaint in Paternity", also file a Petition for Temporary Orders. Such is the quickest manner of getting to see your Judge. OR, perhaps a strongly worded letter from an experienced attorney would convince her to act more reasonably.

Per A.R.S. §13-1302, a person commits custodial interference if, knowing or having reason to know that the person has no legal right to do so, the person . . . . “Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child.”

Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you 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 ½ hour consultations, in which we can discuss your matter in detail.

Please call to schedule your free ½ hour consultation.

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