questions & answers

Question: My brothers babies mother is unfit. She lives on Section 8 and off of government assistance with no job. She has admitted to drinking and driving and doing drugs. There are 3 kids in question. How do I go about getting custody? Am I able to? One thing is my husband has a felony conviction from 2010 for solicitation of narcotics. Please help. Thank you.

Answer: There are several relevant statues, for brevity only the links and a general description are provided. Please visit each of the links provided for more information.
A.R.S. 25-409 establishes the rights of non-parents to petition for custody of a child.  An important requirement is that the individual petitioning stands “in loco parentis” to the child in question. For the full list of requirements, visit: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00409.htm&Title=25&DocType=ARS

In cases regarding child custody, it is the duty of the court to make a decision based on what they believe to be in the best interests of the child.  Arizona Revised Statute 25-403 outlines the information the court will use to determine what is in the best interests of the child.

For the full list of what a judge will consider when making child custody decisions, visit: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00403.htm&Title=25&DocType=ARS

In order to petition for custody, you must complete and file a petition with the Superior Court in the County in which the child resides. For relevant forms for the

Maricopa County Superior Court, visit: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_group_14.asp