Q: How can I legally protect my custody rights in AZ?
I recently broke up with my girlfriend, and we have a child together. We verbally agreed to share custody, each having half a week with our child. However, she told my sister she wants to take my daughter away from me, which she's denied to me, but she often lies. There has been no formal custody agreement or court order yet. She has mental health issues, no job, can't drive, and is living with her parents. Additionally, she refuses to return my phone, which is under my name and I am still paying for. I am financially supporting my child, have my own place, and a stable job. I am now open to seeking legal help to ensure my parental rights are protected and avoid any potential issues.
A:
It sounds like it is time to go to Court. It's probably the only option you have right now to protect your parental rights.
What you're going to need to do is file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court and get her served. You may also want to consider a Motion for Temporary Orders to get a legal decision-making and parenting time order (i.e., a custody order) in place as soon as possible, but I would talk that over with an attorney before you do so.
Her refusal to let you see your son and her mental health are relevant issues. In determining custody, the Court is going to look at whether each parent is safe. Your stable and lack of a job isn't going to matter for custody, but could matter for child support. The fact she lives at home isn't going to hurt unless there's something wrong with her parents or anyone else who lives there.
As for the phone, the family court will not get involved in that, but you can sue her in small claims court for that.
Peter H. Westby agrees with this answer
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
