Family Law

questions & answers

Question: My x wife has custody of our two kids but she recently has been evicted and i have had our kids the past 3 months , now she was just arrested and doesnt look like shes getting on her feet anytime soon, how do i get custody?

Answer: There are several pieces of information needed to give a comprehensive answer.  Is there an Arizona decree granting your ex-wife custody?  If there is, you will need to file a motion in family court for a change of custody.  Today custody is called "legal decision making."  Arizona Revised Statutes, Section 25-411 allows the father to file a motion to modify the prior custody or legal decision making order.  Go to www.azcourts.gov.  Select the county where you live; then, look for the self-help center.  In the self-help center, find the section for family law and look for the appropriate forms and instructions.  If you need more help, consider a consultation with a lawyer.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.