questions & answers

Question: The mother of my grandson was asked to leave her parents home because of drugs. They told her that she could leave her two sons their or take them with her and she chose to leave them there. This is a continual problem. My son , the father was into drugs but is now clean and has a job. How can I (we) get custody? Please help!!

Answer: You may want to begin by reviewing the articles on this website titled “Things you should know about Custody and Parenting Time”. This article is intended to provide general information about custody or parenting time. The procedure for custody changes depending upon whether there is a court ordered custodial arrangement to modify, or whether the court has never determined custody. The procedure will also change if the father has not established paternity, as well as whether all of the parties live in Arizona. Custody is up to the court to decide. A.R.S. § 25-403 states, "The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child." A.R.S. § 25-403-01 discusses that the court can award sole or joint custody. A.R.S. § 25-408 discusses the rights of the noncustodial parent, including parenting time. A.R.S. § 25-814 discusses a presumption of paternity if a man and "the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation." However, presumptions can be overcome. A.R.S. § 25-812 discusses voluntary acknowledgment of paternity and the process for challenging a voluntary acknowledgment of paternity. To find the forms to either establish custody or to modify custody, you may want to contact your local superior court. Some courts or law libraries have the family law forms and information available online - such as Maricopa County , Pima County. and Coconino County. Since Family Law issues can be very fact specific and are often complicated, you may want to contact an attorney for specific legal advice.