Child Custody

questions & answers

Question: The mother of my 2 children left for 8 months and i took care of them got a restraining order but wasnt served because she was nowhere to be found...of she tries to take my kids what do i do

Answer: She left 8 months ago and you have the children with you.  I assume that is correct.  Have you filed a petition in superior court seeking full custody (legal decision-making)?  If not, that is something to consider.  So long as there is no legal custody order in place, the law presumes both parents have equal right to the children.  You can find the forms and instructions you need on the court's website.  You will be required to serve the papers on your ex.  However, if you have made diligent efforts to find her and cannot locate her, there are procedures available to serve her by publication.  The court's website is as follows: https://www.azcourts.gov/selfservicecenter/Family-Law-Forms.  You may not find the exact form and may need to modify an existing form or call the court for help.  You may also want to discuss the situation with an attorney.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.