questions & answers

Question: My husband got temporary custody while we were seperated. our child is two years old and now my husband filed for divorce so he could have full custody but we are living together under the same house coparenting. He doesnt want me to go to court but i just want the same equal rights as my husband does. how do i obtain joint custody when we are living under the same roof or have the same rights. should i fight the divorce would that help me in any way. What do i need to do to have an equal say in my childs upbringing?

Answer: Custody is determined when the parents are seeking a legal separation or divorce, or when parents are asking the court to change a custody decision that was made in an earlier separation or divorce case. When a parent starts a court case for legal separation or divorce and the parents cannot agree about child custody, custody automatically becomes an issue for the court to decide. These court decisions are made in temporary orders hearings and in final trial if the parties are unable to reach an agreement. After a decree of legal separation or divorce has been granted, the court still has authority to change (modify) an earlier custody order. Either parent may request in writing that the court modify a custody order. To change an existing order it must be shown that the best interests of the child are served. The request is filed with the Clerk of the Superior Court and a fee for filing is charged; however, there are limitations on requesting a modification. For example, a request may not be filed for one year from the date of the earlier order, unless there are special circumstances seriously endangering the child's physical, mental, emotional or moral health. If a form of joint custody has been ordered, a modification may be requested at any time if there is evidence that domestic violence, spousal abuse or child abuse has occurred since the date the last order was granted. In a joint custody situation, a parent must wait six months before seeking a modification if the reason for the request is that one parent has failed to obey the court's custody order. Also, please refer to the article on Child Custody (http://www.azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=68). To find out how the law applies to a specific situation, contact an attorney directly.