QUESTION
Where do I go for a court date set for custody for my child?
Asked on Mar 16th, 2013 on Child Custody - Arizona
More details to this question:
My question is the father of my son is in prison more likely he is getting 5 years I want full custody for my child and I don’t want him to be involve at all were do I go to set a court order for this?
6 ANSWERS
John Arthur Smitten
You have to petition the court for full custody.
Answered on Mar 18th, 2013 at 1:43 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
You need to file a petiton with Family Court for custody.
Answered on Mar 18th, 2013 at 1:43 PM
This depends on where you live. Ask your question again with at least the city where you live and you can get a good answer.
Answered on Mar 18th, 2013 at 1:22 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Go to the courthouse in the county you reside. They will sell you the package of forms to complete. Probably paternity action and request for hearing.
Answered on Mar 17th, 2013 at 11:26 PM
Alimony Attorney serving Rockville, MD
at
Law Offices of Aimee C. Robbins
Update Your Profile
You have to file a Motion for Custody (and child support) in the County Circuit Court where you live. In Montgomery County e.g., you file in Montgomery County Circuit Court, at the family law's clerk office. There are forms available at the courthouse and a free legal clinic to help you fill out the form. There is a $135.00 filing fee. After you file the court mails you out a summons. You have to next get the child's father served and then file an affidavit that you served him. After that the Court will start processing the case . Then you have to appear in court for the scheduling conference and trial. There is more to it than that-like filing a default motion and order if he doesn't answer the Complaint for Custody. It is really best to have an attorney guide you through this process.
Answered on Mar 17th, 2013 at 11:25 PM
If you were never married to the father and no court orders have been entered, then according to Arizona paternity law, you already have sole legal decision making (previously known as sole custody), and the father would have no rights to request parenting time unless HE filed an action and showed that exercising parenting time was in your child's best interests. You do not have to file anything at this point - you can maintain the status quo and wait to see if he ever files anything. In the meantime, if you marry and your spouse wants to adopt your child, you might be able to terminate the biological father's parental rights on the grounds of his failure to establish a normal parent-child relationship with your son. If this occurs, I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Mar 17th, 2013 at 11:15 PM