questions & answers

Question: my kids father file for coustody in 2008 and has had my kids since then, the case was dismissed because he did not continue the propper filling f paperwork. i have been in and out of prision in the passed years but i have no contact with my kids or there father since 2008. i would like to know what legal process i would have to go through to see my kids and possibly have coustody? also is coustody even possible for me to obtain being that he has had them for the past 3years? and being that i have a criminal record?

Answer:

Getting Child Custody may be a bit harder than getting Visitation, only because the father has already had the kids for a long time. The court decides child custody based on the best interest of the child (or children). Assuming that the father has had them for this long and has been able to give them the support they need (basic living needs) will show in court when deciding which parent would be better for the kids. However, if you are the biological mother you have some rights to your children, if those rights haven’t been taken away from you. As the biological parent, you can still go to your superior court and submit a request for visitation rights or parenting time, with your kids, there will probably be some filing fees (contact your court to check what needs to be filed and how much will it cost to file).

If you do not know which Superior Court to go to, please visit the Arizona Court Locator.  By clicking on any county in Arizona, you will find a list of courts in that county, and contact information for that court. Please see the Arizona Revised Statutes, Title 25, for information on Child Custody.  ARS 25-408, talks about the rights to file for parenting time.

Family law matter can be very complex. Please see this link for information regarding possible legal aid options.