Child Custody

questions & answers

Question: How can I get 50/50 custody of my kids i have a 3 year old and a 1 year old I can provide a stable home and the resources to care for them the time I will have them.

Answer: You will need to file a court action.  In Arizona, custody is referred to as "legal decision making."   First, the Arizona court will determine if it has jurisdiction to hear the case.  Arizona Revised Statutes (ARS), Section 25-402 gives the court jurisdiction.  If you have established paternity or if you are the child's mother, and there is no previous custody order in another state, you can file in Arizona.  ARS 25-403 considers the best interests of the child in deciding on legal decision making and parenting time (custody and visitation).  You can handle the issue on your own by accessing the court's self-help center and obtaining the forms and instructions you will need. The website is www.azcourts.gov. You can also get advice from an attorney for a reasonable fee to figure out your best course of action.  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.