Legal Question in Family Law in Arizona

Arizona doesn't recognize common-law marriage, period. You have to get married for Arizona to recognize a romantic couple legal-rights framework. But you don't have to be married to try to seek custody of children in common. Marriage really doesn't have anything to do with that, so long as it is clear that he is the father and he doesn't dispute paternity. You would have to file something with a court requesting physical and/or legal custody, sole and/or joint.

Let me know if you would like further assistance with sorting out this matter.

Best of luck to you!

Arizona will not recognize a common law marriage unless it was "perfected" in another state that DOES. I would expect you are not married under any theory. SO, you will have "paternity" issues regarding the custody, parenting time and support of your minor children. There are matters to consider before leaving, so meeting with an attorney can of course be helpful.

We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

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see our website at www.familylawaz.com