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How to get Custody of a Child in Arizona

David Cantor explains How to get Custody of a Child in Arizona:


A question our family law firm gets a lot is “How to get Custody of a Child in Arizona?

Arizona recently changed the way they term ‘Custody‘. They now call custody ‘Parenting Time‘. We’ll still call it custody but will also start to use the new term of Parenting Time.

When getting custody of a child in Arizona, one of the first things that needs to be done is to file a Petition to Establish Custody.

Once you establish the petition for custody, the courts will go through several checklists that will determine what is in the best interests of the child in terms of the divorce.

Sometimes you may need to file a Petition to Establish Paternity if the child was born out of wedlock, usually the Father has to establish paternity.

When the Parenting time or custody is brought before the judge and all of the specifics are laid out. This would include parent work scheduled, educational needs of the child, religious needs of the child. The judge will look at a variety of factors before determining who gets the child and for how long.

As of Jan 1, 2013 we passed a law allowing father’s rights to get 50/50 custody of the child. Historically the mother of the child would get the benefit of the doubt and receive the bulk of the custody. So now, the father can more easily get 50% of the child’s time. For more information on that, see our blog post.

If you would like to schedule a free consultation or would like more information regarding Custody in Arizona, please call our offices at (602) 254-8880 to speak with an attorney. If you would like to send us a confidential email, please click here.

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