Child Custody

questions & answers

Question: If I have temporary custody of my child. Mother won't show up to court. Can I ask for physical custody (sole).

Answer: You have the right to petition the court for sole custody (now called sole legal decision-making).  A.R.S. Section 25-403.  The court will look at the evidence and decide legal decision-making and parenting time based on the best interests of the child.  You will be required to file papers in court and to serve those papers on the other parent according to Arizona court procedures.  You may want to consider talking to a lawyer for specific advice based on your circumstances.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.  If you prefer to handle the matter on your own, you can find forms and instructions on the court's website in the self-service center.  Go to: https://www.azcourts.gov/selfservicecenter/Family-Law-Forms.