questions & answers

Question: My husband and I have been seperated for 6 months and I want a divorce. I am looking at moving out of state to be closer to my family. I need help filing for divorce as I have a limited income. He wants joint custody but he is not her biological father. After we got married he signed paper claiming paternity. How do I go about getting the divorce with full custody when I have no money? Thank you

Answer:

There are resources available to individuals who are seeking a divorce and have limited income. There are several legal aid agencies that are listed in the legal assistance portion of this website. To locate agencies in your county, you can go to the Divorce & Annulment section of this website and pick the county that you reside in. Under this section you can obtain general information about divorce and access the Self-Service Guide for Divorce Cases. These documents will help explain and give details regarding the divorce process in Arizona. For information regarding child custody issues, please begin by reviewing the articles titled Child Custody and Paternity.

In Arizona the law provides that a person who stands in loco parentis to a child may ask the court for custody or parenting time. To be in loco parentis a person must have been considered a parent by the child and have formed a meaningful parental relationship with the child for a substantial period of time. There are other requirements that must be met before a request may be made to the court. One of the child's parents must be deceased, the child's legal parents must be unmarried, or a court case for divorce or legal separation between the legal parents must be pending. You can attain additional statutory information regarding child custody under Title 25 of the Arizona Revised Statutes. Many divorce cases can become complicated and challenging; therefore, you may decide to seek the advice or assistance of an attorney. Please review the article Where to Find an Attorney for Specific Legal Advice, should you chose to obtain an attorney.