Generally, you can secure sole custody in one of two ways – through agreement with the other parent or through a court order. Our goal will be to achieve the custody arrangement that you want and the plan which meets the best interest of your child. Read on to learn more about how to get sole custody in Arizona.
How do I file for full custody in Arizona?
Arizona law requires submitting a written parenting plan to the court by parents seeking joint custody. The parenting plan defines access terms and conditions both parties must comply with and which the child will depend upon.
How much does it cost to file for custody in AZ?
Although subject to change, the current filing fee for a Petition in Maricopa County is $338.00. For a Response, the filing fee in Maricopa County is $269.00. The amount of the fees may be different in other Arizona counties.
What is an unfit parent in Arizona?
In general, an “unfit parent” is one who fails to properly provide for the child and to ensure their wellbeing. In Arizona, if you wish to prove that your ex-spouse is an unfit parent, you can request the family court to convene a child custody evaluation.
What evidence do I need to prove an unfit parent?
How Does a Family Court Determine If a Parent Is Unfit?A history of child abuse. A history of substance abuse. A history of domestic violence. The parent's ability to make age-appropriate decisions for a child. The parent's ability to communicate with a child. Psychiatric concerns. The parent's living conditions. The child's opinion.
What do I do if my child refuses to visit the father?
When a child is sick or otherwise unable to make a visit, the parent with present custody of the child must notify the other parent as soon as possible and work out a make-up visit. Most custody orders don't spell out a parent's role in facilitating visitation other than making a child available for visits.
Can a 14 year old choose not to see a parent?
Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child's decision.
Can a child refuse to live with custodial parent?
If there is no custody order in place, then the child can live with the non-custodial parent without having to involve the court. If there is a custody order in place, that order would need to be modified. In some states, custody may be modified at any time.
Can a 17 year old refuses to see a parent?
Brette's Answer: No court is going to force a 17 year old to go on visitation if he doesn't want to. A child so close to majority usually has his preference followed. You're doing the right thing in encouraging him to go, but it's up to him.
Does a 14 year old have a say in custody?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the ...
At what age will a judge listen to a child?
If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child's wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.
Can an 11 year old decide which parent to live with?
It is absolutely wrong to assume or tell a child that they get to decide where he or she will live once they turn 12 years old. Once your child turns 18 and is a legal adult, then a custody order does not apply and they can decide where to live. The closer your child gets to age 18, the more he or she has a say.
Can a 14 year old choose where they want to live?
There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision. That time is not attached to any specific age, but is rather the product of maturity and a level of independence.
Can a 15 year old decide where they want to live?
By 15 or 16 if the child is of general maturity and has logical reasons for changing the custody, the court will often abide by the child's wishes. The key is that the child has to have a logical reason for changing the present support and placement.
At what age does joint custody stop?
Read the order carefully. Usually and in most states, the order will state that physical custody and parenting time rights terminate at “the age of majority” (which is 18, in most states).
Can a child divorce one parent?
A minor generally cannot become emancipated from just one parent unless there is only one parent, such as when one of the minor's parents has died, or has terminated their parental rights. Emancipation of a minor terminates all parental custodial rights, which in turn makes that minor an adult for legal purposes.
Does my ex wife need to know my address?
Generally you would be required to keep the Court informed of your address and your former spouse, at least as long as there are obligations between the two of you. If you have joint custody, you should disclose your address as a matter of.