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I was served with custody papers from my son's father and I…

Customer Question
I was served with...

I was served with custody papers from my son's father and I was wondering since paternity has not been established and there's no custody order sign by a huge yet, can I take my son out of state

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

An order for paternity and legal decision making over the child

Lawyer's Assistant: Family law varies by state. What state is he in?

Arizona

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I suppose to be leaving out of state tomorrow for 5 days but since I was served with these papers, I've decided not to go until I knew for sure it was ok

Submitted: 3 months ago.Category: Family Law
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Answered in 5 minutes by:
3/29/2018
Family Lawyer: Nisha Jones,
 replied 3 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,349
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 3 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Family Lawyer: Nisha Jones,
 replied 3 months ago

Yes, if there is not yet a custody order in place you can take your son out of state with you for your upcoming trip.

Neither your son's father nor the police, can take any legal action against you in regards ***** ***** matter or force you to return home with your son without there being a custody court order in place.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 3 months ago
Is there an A.R.S code that I could look up where It says this?
Family Lawyer: Nisha Jones,
 replied 3 months ago

ARS 25-408 describes the actions you must take for relocating if there is a child custody or visitation order in place.

See:

https://www.azleg.gov/ars/25/00408.htm

However, in your case there is no court order so none of these regulations are applicable to you.

I understand you're not relocating, but taking a short trip, this is just the closest citation that may be relevant to your situation.

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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