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 for homework, more responsible for activities, but believe it or not there’s a lot of dads out there that are willing to take on more responsibility as well as a lot of mom’s. If this involves you give us a call and we’ll help you out.
Child Custody and Support During an Arizona Divorce
Chris hildebrand of hildebrand law. i’m an arizona divorce lawyer. i’ve been practicing divorce and family law in the state of Arizona for over 20 years. One of the common questions I receive from clients or potential clients regarding the Arizona divorce process is, when does a court decide the important issues of child custody, child support or alimony, sometimes referred to as spousal maintenance. Either party in a divorce case may file what’s called a motion for temporary orders requesting that the court issue temporary orders regarding.
Custody and support prior to the entry of the final divorce decree. if either party files a motion for temporary orders, the court will typically set a hearing on that motion for temporary orders within 30 to 60 days of the date that the request is made for those orders. If neither party requests temporary orders in the case, then those issues will be decided at the final trial of the case. The court will issue determinations regarding child custody, it will award child support, if alimony and spousal maintenance is appropriate,.