questions & answers

Question: I am currently expecting a baby. The father of my baby left me when I was 7 months, but has stated he wants to be in the baby's life. He is a habitual marijuana smoker, heavy drinker, and the people he surrounds himself with are not the kind of influences I want around my child. He moved in with his mom, who keeps a very dirty house and has been in and out of the hospital with MRSA for the last couple of years. I do not feel like he can provde a safe and stable environment for my daughter. He believes he will get joint custody. What actions do I need to take to ensure this does not happen?

Answer: If taken to court, a judge will ultimately decide which parent is the best fit for a child. Section 25-403 states that the best interest of the child will be priority. Furthermore, if the judge grants legal joint custody, the child does not necessarily have to reside in only one household. For more information on joint legal custody there is an article http://azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=68 that can be useful.