Q: How can I legally protect my custody rights in AZ?

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.

A: Your situation requires immediate filing of a petition for legal decision-making (custody) and parenting time in the Arizona Superior Court Family Division to establish enforceable parental rights. Arizona Revised Statutes §25-403 outlines multiple factors courts consider when determining custody arrangements, with particular emphasis on the child's best interests, including stability of each parent's home environment, mental health considerations, and ability to provide consistent care - areas where your stable employment, independent housing, and financial support of your child strengthen your position substantially. We recommend thoroughly documenting all financial contributions you've made toward your child's care, as Arizona courts view demonstrated financial responsibility favorably when evaluating parenting capacity.

Without a court order, your verbal agreement remains legally unenforceable, creating vulnerability should your ex-girlfriend attempt to restrict access to your child or relocate. Arizona courts typically implement temporary orders during the pendency of custody proceedings to maintain stability for the child, which would formalize your current arrangement while the case progresses. Regarding the phone issue, you can file a separate small claims action for conversion of property or include it as part of your family court petition, as Arizona law recognizes your property rights to devices registered and paid for under your name.

We recommend immediately establishing a consistent communication record about your child through text messages or email rather than verbal conversations, as this creates an evidentiary trail for court proceedings. Arizona's family court system encourages mediation before litigation, but given the concerning statements about potentially removing your child, preparing comprehensive documentation of your relationship with your child and parenting contributions now will position you advantageously should contested proceedings become necessary. The Arizona Parenting Time Guidelines provide a framework that courts frequently reference when structuring custody arrangements, making familiarity with these standards valuable as you navigate this process.