questions & answers

Question: I am 19 years old and I have a 13 year old sister. We have the same mother but different dads. Her dad is an alcoholic and our mom is homeless and uses drugs. I want to gain custody of my sister. My mom will probably fight me on this. How do I go about getting custody of my sister?

Answer:

To find out how the laws apply to your specific situation and to get specific advice on your situation, you may want to consult with an attorney. The following is general information about child custody in Arizona.

In Arizona, Title 25 of the Arizona Revised Statutes contain the laws about child custody. A.R.S. §25-401(B)(2) states that "A child custody proceeding is commenced in the superior court: By a person other than a parent, by filing a petition for custody of the child in the county in which the child is permanently resident or found, but only if the child is not in the physical custody of one of the child's parents."  A.R.S. § 25-415 describes custody actions by a nonparent, including what actions are taken by the person who wants custody and what the court considers when making its determination.