Legal Question in Family Law in Texas

My daughter lives in Texas and just had her daughter on sunday. She wants to move to Arizona to live with me and was not married to the baby's alleged father. Can he stop her from moving? He signed the birth certificate but then he took her and the child for a paternity test.


Asked on 2/09/11, 1:24 pm

1 Answer from Attorneys

Brandy McIntyre Law Office of Brandy Reynolds McIntyre

At this point, he cannot stop her from moving to Arizona. Only a court order would be able to prevent her from moving. The baby's father can hire an attorney, go to court and attempt to get a court order to prevent the move. However, once the baby has lived in Arizona for a certain period of months the baby's residency is established in that jurisduction (Arizona). At that point any court proceedings regarding the child would have to be brought in Arizona. Texas has a time limit of 6 months, but I do not know Arizona's time period to establish residency. So, if your daugther and her baby move to Arizona now and live there for the necessary amount of time and then the father tries to bring a court action it has to be in Arizona. At that point, it would be up to the court in Arizona to determine what is in the best interest of the baby concerning where she should live, but generally, if she has family and is established in Arizona she would get to stay there.

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Answered on 2/09/11, 2:26 pm


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