How do I get custody of our 5 year old daughter?

If you were not married, you have custody unless and until you abandon the child to the father or a court rules otherwise (NRS 126.031). You do not need to file any papers (except for child support through the DA's office, which doesn't cost you anything) and you control visitation (which sounds like it may need to be supervised, or only a few hours in the daytime when he is not drunk or high). If he wants more than what you are willing to give, HE needs to file custody papers. Let daycare know that he has no custody rights, and that he is NOT allowed to pick up the child.

If you want legal custody you will have to establish paternity and ask the court to give you custody. I suggest you get a consultation with an attorney to discuss this.

We can file a petition for custody, however, this will not stop him from having visitation with her. He's entitled, as a father, to have parenting time. You may want to request that this time be supervised, however, if you feel it is not in the best interest of your daughter to be alone with her father.

File a petition for custody and child support.

You can download the forms and instructions from the following website: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/ These forms will walk you through the process. You should also check out this link for resources that might be able to help you http://www. superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/resources.asp.