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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27619
Experience:  Attorney with experience in family law.
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My daughter has two children. father of child one is great.

Customer Question

my daughter has two children. father of child one is great. Father of infant has been physically violent with my grandson and my daughter and her baby. I found out about this yesterday. She is not working so it is cheaper for us to move her and the kids to florida and keep her safe as he doesn't know where we live. He was kicked out of the residence 3 weeks ago. There are no custody papers served on either party and they were not married. She has no where to go in Arizona to live and we can provide a great home in florida. Can she leave with her baby and son and relocate as long as there are no custody orders in place saying she can't/ Thank you.
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Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Arizona law presumes that an unwed mother is the sole custodial parent of her child. Ariz. Rev. Stat., Section 13-1302. It would not be illegal for her to move with the child unless the father goes to court and files for a custody order first. Once there's a pending court case, then she'd need the judge's permission to move out of state.

Once she's lived in Florida for at least six months, she can file for child support there.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.

he says he has filed but she hasn't been served. What would stop her from going.

Expert:  Lucy, Esq. replied 1 year ago.

If she filed for an order of protection because he presents a danger to the children, that would allow her to go.

Also, if he tried to have her charged with custodial interference, she could defend based on the fact that she's a victim of domestic violence at his hands and that leaving is necessary to protect the child. Here's a link to the statute:

http://www.azleg.state.az.us/ars/13/01302.htm