My daughters grandmother has primary custody she is taking me and her my daughters mom to court is it legal for the court to make the father pay and

Since your child's grandmother has custody of her, she can request that the biological parents pay child support to assist her in the care of the child.  This is a request she should be making of both parents, not just one.  If you are currently working on your own issues in rehab, the Court may excuse you (for a period of time) from paying a child support obligation, but ultimately unless there is a medical or mental reason why you cannot work, the Court will presume that you can make at least minimum wage.  As for going after the child's father, this should also be explored as well. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*