Child Custody

questions & answers

Question: I have had 50/50 shared everything (court ordered) with my ex for 6 years . He just moved to Florida with only a week and a half notice leaving our daughter with me. Nothing was filed when he left. Can I file that he abandoned our child and seek full custody? what would be the first step?

Answer: You can file a petition for modification of custody (It is now called legal decision-making or parenting time) pursuant to Arizona Revised Statutes Section 25-411.  You can do this on your own if you are comfortable taking on the task.  To handle it on your own, go the the website for the Superior Court of Arizona www.azcourts.gov.  Click on the county where you live; then, go to the box labeled "self-help" center.  Click on that box and find the section on family law.  You will find instructions and forms for filing a petition for modification of legal decision making or parenting time.  Once you have completed and filed the papers, you will need to serve the papers on your ex.  If you want to at least talk to a lawyer first, there are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.

QUESTIONS

  • I have had 50/50 shared everything (court ordered) with my ex for 6 years . He just moved to Florida with only a week and a half notice leaving our daughter with me. Nothing was filed when he left. Can I file that he abandoned our child and seek full custody? what would be the first step?

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
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