questions & answers

Question: I’m currently separated from my husband and looking into divorce we have two children one who’s biologicaly his and one which isn’t but he’s taken care of since 1yr and a half. I want full custody of my children because he doesn’t even live in the state. Will I be able to get full custody of them or at least our biological child and give him an hour or two of visiting time when he’s in the state ?

Answer: The answer depends on a number of factors, not included in the information you gave in your question.  Is your ex listed on the birth certificate as the father of the child that is not biologically his?  Were you married to him when the child was born?  Other factors include what the court believes is in the best interests of the children and the living situation of each parent.  Talk to a lawyer who can explain your rights and options.  There are three programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  You will need to apply for the program and meet the financial need qualifications.  Once qualified, Modest Means will send you a list of attorneys to choose from.  Then, for a $75 fee, you will receive a one hour consultation with the attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not be more than $75 per hour.  The telephone number is (866)  637-5341.  Both Maricopa and Pima County Bar Associations have Lawyer Referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer referral Service offers a 30 minute consult with an experienced attorney for a fee of $40.  The telephone number is: (602) 257-4434.  Pima County Lawyer Referral Service offers a 30 minute consult with an experienced attorney for a fee of $35.  The telephone number is (520) 623-4625. If you are unable to afford these modest fees, you can go to another portion of this website and apply to see if you meet the financial qualifications for a free lawyer.  Go to http://www.azlawhelp.org/accesstojustice.cfm