Child Custody

questions & answers

Question: I am married to my wife I’m currently separated with for a year no documentation of been filed with the courts for divorce by either party I’m only allowed to see my son nor only have my son on weekends she is currently living with another person we are still married can I keep my son based on the grounds that I have no idea who she’s living with or where he is living at and I feel that my son may be in potential danger and nNeglected

Answer: Without any court determination on custody or visitation (now called legal decision-making and parenting time), both parents have equal rights to parent their children. You can file for divorce (dissolution of marriage) or for a legal separation if you believe the marriage is over and ask for custody in your petition.  You can find forms and instructions for dissolving your marriage on the website for the Superior Court of Arizona in the self-service center.  Go to the court's website, select the county where you live and access the family law section of the self-service center. https://www.azcourts.gov/familylaw. You might want to talk to a lawyer to determine 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.  If you are financially qualified for the program, for a $75 fee, Modest Means offers a one hour consult with an attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625. If you do  not have sufficient money to pay for a reduced fee consult, you can go elsewhere on this website and apply to see if you qualify for a free lawyer.  Go to http://www.azlawhelp.org/accesstojustice.cfm

QUESTIONS

  • I am married to my wife I’m currently separated with for a year no documentation of been filed with the courts for divorce by either party I’m only allowed to see my son nor only have my son on weekends she is currently living with another person we are still married can I keep my son based on the grounds that I have no idea who she’s living with or where he is living at and I feel that my son may be in potential danger and nNeglected

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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