Child Custody

questions & answers

Question: My ex- fiancée and I have joint custody(decision making). Last year March17, 2014, she was arrested for domestic violence( class 6 undesignated felony), ( discharging a firearm at her boyfriend),and received supervised probation, 3 yrs. In June of 2015, she was once again arrested for violation of probation and placed on IPS and extensive probation till 2017. Because Mother is violent and has potential to cause emotional and physical distress to my 5 yr. old daughter, do I have legal right as her father to file for sole custody and decision maker? Currently we have equal parenting time.

Answer: If you are a legal guardian of the child, you may be able to file for sole custody.  https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_group_7.asp

If you have not established paternity you can review forms and information here: https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_group_6.asp

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QUESTIONS

  • My ex- fiancée and I have joint custody(decision making). Last year March17, 2014, she was arrested for domestic violence( class 6 undesignated felony), ( discharging a firearm at her boyfriend),and received supervised probation, 3 yrs. In June of 2015, she was once again arrested for violation of probation and placed on IPS and extensive probation till 2017. Because Mother is violent and has potential to cause emotional and physical distress to my 5 yr. old daughter, do I have legal right as her father to file for sole custody and decision maker? Currently we have equal parenting time.

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