Child Custody

questions & answers

Question: The father of my daughter left 3 years ago and never came back has NEVER contacted her or me in any way possible I want to file for sole custody how likely am I to win it? Does it count as abandonment? What else can he be charged with? I don't want him to have any rights over my daughter.

Answer: Your question leaves out important key information such as: Were you were married to the father at the time of your daughter's birth, and Is he listed on her birth certificate as the father?  If your ex is either on the birth certificate or you were married at the time of her birth, then Arizona law presumes both parents have equal parenting rights.  You can go to the website for the superior court and download forms from the self-help center to file a petition for sole custody.  However, it would be in your best interests to talk to a lawyer who can answer all your questions and tell you the best way to go forward. There are programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341 or you can apply online at http://www.azlawhelp.org/accessToJustice.cfm

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QUESTIONS

  • The father of my daughter left 3 years ago and never came back has NEVER contacted her or me in any way possible I want to file for sole custody how likely am I to win it? Does it count as abandonment? What else can he be charged with? I don't want him to have any rights over my daughter.

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