Child Custody

questions & answers

Question: mother and father have no legal paperwork or agreement in place but both are active in the childs life and one goes to prison for 2.5 years does sole custody default to the other ?

Answer: Sort of because the one in prison cannot physically provide custody.  However, the non-incarcerated parent may decide to ask the family court for custody.  You can find the forms on line on the Court's website.  http://www.azcourts.gov. Depending on the county where you live, the website will have either ez court forms or a self-service center.  You can look in the family law section and download the appropriate forms.  Custody is now called "legal decision-making and parenting time."  You may also find it beneficial to speak with an attorney to decide your best course of action. There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means  will offer a one hour consult with an experienced attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625. If you do  not have sufficient money to pay for a reduced fee consult, you can go elsewhere on this website and apply to see if you qualify for a free lawyer.  Go to http://www.azlawhelp.org/accesstojustice.cfm