questions & answers

Question: im filing for divorce from my husband whom i havent been with for the last 15 years, he is currently incarcerated and we have a 16 year old daughter together. we both still have custody of her however she wants to stay with her grandmother in safford. i still get her everything that she needs. i provide everything for her that she needs. do i have to sign over custody of her if i file for divorce instead of keeping things the way that we are currently doing it?

Answer: No.  If your husband is to be incarcerated for a significant length of time (more than a few months), you may want to consider a request for sole legal decision-making (custody) in the divorce.  Your daughter can stay with her grandmother without you giving away your custody rights.  You, as the parent, can elect to execute powers of attorney that give grandma rights to provide medical care, enroll your daughter in school, and make other decisions on her behalf.  You may want to sit down with an attorney and discuss the best way to handle the situation.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County 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 $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.