Child Custody

questions & answers

Question: Can I request to get custody of my daughter through the court if 1. her mother cannot support her, she doesn't have a job. Her mother is also not following the court orders regarding visitation.

Answer: Assuming that no court has terminated your parental rights, and that you and the mother are already divorced with a signed decree on the books, it would help to know how much time has passed since the divorce was finalized, because the rules differ. Your two primary sources of information will be A.R.S. § 25-411 and Family Law Rules 91(A),(D),(F)&(G). 

A.R.S. § 25-411 requires you to wait six months before petitioning the court (asking the judge) to modify a divorce decree on the grounds of non-compliance. You will also notice that, between the statute and the rules, there is a large amount of paperwork (e.g. affidavits, factual statements, proposed orders, financial info, etc.) that you must include in any formal submission to the clerk and your ex-wife. So read each section carefully, or you will risk having the entire packet thrown back at you by an irritated clerk! Finally, it is never a bad idea to attempt a non-litigation solution to a problem like this before running back into court. Try to mediate with your ex-wife if you can. It will make you look better (if it fails), and may win a good result (if it succeeds). And, as always, make sure your own house is in order before clamoring for intervention from the judge. You will look a little silly if your ex-wife can truthfully point to just as many violations (or other problems) on your end as you expose on hers. It never hurts to consult with a family law attorney, either, if only to make sure that your initial paperwork is in order.