Thanks for you patience in waiting for a response. My name is XXXXX XXXXX I will be the professional assisting you today. There are a few issues to discuss here, so if I miss any, please let me know.
First, of all, until your son has paternity
and custody established by the court, in Arizona the mother has sole legal custody
of the child.
Now to your questions:
QUESTION: The mother is threatening to take the baby to Chicago to live with her aunt --- threats, even though she has fought with her aunt, has a job here plus her brother and sister's families. Can she just take him?
Response: Until your son has established paternity through the court, the mother might be able to move out of state. If he knows in advance, he can file for paternity/custody and to keep her from moving. If she does move before he files, he may be able to file in Arizona under federal law - but if he has not filed for paternity he would be at a disadvantage.
QUESTION: Can she get full custody (likes she thinks) even though the baby is here most of the time? I think my son (and I) should. Even split would be fine if it truly was even time.
Response: The court could grant either parent sole custody
or shared custody (custody is frequently called parenting time in Arizona). The look at what is in the best interest of the child
. You can read some of the factors that the court will consider on this court website: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00403.htm&Title=25&DocType=ARS. In this case, shared parenting
time may be the most appropriate. However, the custody issue is between the parents and, legally, not you. But having you available as a babysitter and support system may be considered in your son's favor.
QUESTION: I pay for his diapers, food, milk, etc. while he is here my son pays her $450, plus the cable bill plus he pays for the baby's medical insurance - but she says what I pay doesn't count. Is that true? My son can not afford to move out on him own and the need for a babysitter remains..... If they did the paperwork and he had to pay child support - might it be less than he pays now so that he could maybe move out or help pay for some babysitting help for me? Is child support based on his income? hers? what?
Response: Once a paternity/custody order is in place, the court should consider child support. Each parent is typically responsible for food while the child is in their possession. Child support is determined based on the gross income of each parent and what he pays for the child's medical insurance is also factored in. Child care expenses for work purposes may also be included. Arizona child support guidelines
state that if the parents' income is equal and they have equal time of the child - child support may not be ordered by the court.
I would suggest that you look at this Arizona court webpage, paying special attention to section 12: http://www.supreme.state.az.us/dr/childsup/csg2004.pdf.
Please let me know if I can provide any further information.