Child Custody

questions & answers

Question: I have 50/50 custody of my sons there dad kicked out my 14 year old son can I file for full custody

Answer: The following is provided for general information only. To find out how the law applies to a specific situation, please contact an attorney directly. Generally, there is a one year waiting period to modify a child custody order according to ARS 25-411. However, if there is reason to believe the child is in danger or their environment is not physically, mentally, morally, or emotionally healthy, affidavits may be submitted to support filing a modification earlier than one year. If there is evidence of domestic violence, a parent may petition the court for a modification at any time or if the other parent fails to comply with the custody provisions, a modification may be filed six months after the original order was executed. Child custody orders may be modified by submitting an affidavit or verified petition detailing the facts supporting the requested modification. In addition, notice must be given, along with a copy of the affidavit or verified petition, to the other party, who may file opposing affidavits, according to Section L of this statute. The applicable forms to modify a custody order may be found on the county courthouse website. County courthouse website links can be found at AZLawHelp.org.