Who Can Petition For Custody Of A Child In Arizona? | Law Offices of GillespieShields

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by | Jul 26, 2021 | Uncategorized

Who Can Petition For Custody Of A Child In Arizona?

Arizona courts are required by law to give custody of a child who is not yet 18 years old, with one exception: the court may assign legal custody of that person to another when it determines this would be in the best interest of the minor. It is important for parents and other relatives to understand their rights before they make any agreements about what should happen if something happens to either parent.

Who can petition for custody?

For everyone else, including grandparents or other family members, you must have a written agreement from both biological parents agreeing that you will take care of them on behalf of themselves and their children if anything were ever to happen. If your partner has died without taking these steps then it might be possible for you as his/her spouse or partner to petition the court.

Do Step-Parents Have the Right to Custody?

In Arizona, step-parents don’t have rights to custody unless the child has lived with them for at least six months. However, a court may consider visitation if there is no evidence of abuse or neglect in either party’s household.

Will a family court in Arizona take full custody into consideration?

Arizona courts begin by assuming that both parents should have joint custody of their children. This means that there are no legal presumptions in the courts that favor one parent over the other. Both you and your ex-spouse share physical custody and major decision-making authority over your child if you have joint custody.

You can file for sole custody if you believe joint custody will not work in your situation. Yes, the court will consider sole custody when it is appropriate.

In Arizona, sole custody, also known as full custody, refers to when one parent has sole legal custody of a child. The court assigns sole authority to one parent to make major educational, health, and other decisions.

It is probably appropriate to file for full custody if you have concerns with the other parent regarding:

  • Unstable mental health
  • Abuse of drugs or alcohol
  • Violence in the home
  • Abuse of children
  • Criminal record

If your spouse has any of the issues listed above, the court will consider your request and make a custody decision based on the child’s best interests.

You can improve your chances of gaining full custody by improving your parenting skills and reliability. Begin implementing the promised changes and continue to improve them. A history of absence and lack of emotional contact can be mitigated by frequent and deeper involvement with your child. It is still possible to be the parent your child deserves.

Costs Of Filing A Child Custody Petition In AZ

The cost of filing a child custody petition in Arizona varies depending on the county. For example, Maricopa County’s fee for an initial hearing is $20 and it may go up to $100 if you need a trial after the first stage. Pima County charges less than half that amount at just $12 per hearing or trial (as well as other fees).

It’s important to know how much these costs are so you can plan accordingly. In addition, attorneys will charge an hourly rate with separate consultation rates often billed separately from their services. Be sure to include all of your expenses while determining your budget before going about filing any documents!

What Happens If You And Your Ex-Spouse Don’t Agree On Anything?

If you and your ex-spouse are unable to agree on any aspects of the custody arrangement, you have two options: 

You can file for a temporary orders hearing in which the court will determine what is best while limiting as much conflict as possible. Temporary orders hearings usually take about three months and come with no guarantee that they will be more favorable than a full trial. You may also reach an agreement through negotiation outside of court if both parties want to avoid filing documents with the courts—although this doesn’t always work out either.

You can request mediation from Arizona’s Child Support Services Division or hire an attorney who specializes in family law cases to help resolve conflicts without going before a judge. This process costs money but it is significantly less expensive and time-consuming than a full trial.

 You may be surprised to find that a family court in Arizona will take full custody into consideration when petitioning for child custody. When you file, the courts consider many factors including what’s best for your kids and how much time they spend with each parent. If this sounds like something you’re interested in, try it and be healthy!

Are You Looking for a Family Law Attorney You Can Trust?

The decision of child custody is one that needs to be made with careful consideration. One might think it’s a simple matter, but there are many responsibilities and decisions involved in the process. The courts will want to know who has cared for your children most often; how much time you spend together as parents each week; if either parent abuses drugs or alcohol excessively (or have done so in the past); where would your kids live best – near their other family members? The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way.  During our private, one-on-one consultation, we’ll take the necessary time to answer all of your questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!

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