Hi I’m David Cantor with the Cantor Law Group. A lot of times people ask us, How do you get custody of a child What what you need to do is file what is known as a petition to establish custody. Now i’m using the word custody, it’s changed in arizona recently to parenting time, but everybody still calls a custody. Once you establish that the courts will take you through certain checklists on what is in the best interest of the child to established custody. There’s also a second issue, sometimes you have to file a petition to establish paternity.
That is what you file first if a child is born out of wedlock, this is obviously for the father, the mothers fairly clear that she had the child. So father would have to establish paternity first, once paternity is established, then you’d go through parenting time or child custody where you go to the judge and you say look, here’s the hours I work, the time I put in, the education educational needs of the child, the religious needs of the child, and the judge will look at a bunch of factors when deciding who gets custody.
And for how long. In arizona something new happen as of January 1st, 2013, it used to always assume the primary caregiver, which is usually always the mother, had the majority of the time, where the day would get every other weekend. Well that all changed, now they’re trying for fiftyfifty regardless of who the primary caregiver is. So that means even though dad a working dad, if he wishes he can get fifty percent custody and that means he’d obviously have to pick up the kids afterschool, or have daycare arranged, then he’dcome home and be with the kids at night, more responsible.
How to Get Custody of a Child in Arizona Phoenix Family Lawyer