how to file for custody in az without a lawyer

Submit your forms to your county's Superior Court. In most counties, you can submit your forms online through Arizona's e-filing system. Otherwise, submit at least two paper copies (in addition to the originals) at the court clerk's office.

Full Answer

Do I need an attorney for a child custody case in Arizona?

Even if you are proceeding through the case without representation, we recommend that you at least have a consultation with an attorney who is familiar with child custody in Arizona regarding what you are considering proposing as a settlement to the other parent.

Should I file for custody without an attorney?

Filing for custody without an attorney comes with certain risks. While representing yourself might save money, it is not right for everyone. Some risks of filing for custody pro se include: Pro se litigants are statistically less likely to win than represented litigants 10

How to file for emergency custody of a child in Arizona?

How to file for emergency custody of a child in Arizona 1 Fill out the paperwork#N#You can find the required forms and detailed instructions online for Maricopa County if you... 2 Make copies of the paperwork#N#You must make three copies. In total, you will have four versions, your original and... 3 File the papers at the court More ...

How do I file a family law action in Arizona?

Family Law actions must be filed in the Superior Court of the county in which one of the spouses resides provided that at least one of the spouses has lived in Arizona for at least 90 days. If the action involves a minor child, that child must have lived in Arizona for at least 6 months prior to filing.

How do I file for full custody in Arizona?

Submit your forms to your county's Superior Court. In most counties, you can submit your forms online through Arizona's e-filing system. Otherwise, submit at least two paper copies (in addition to the originals) at the court clerk's office. Filing fees vary depending on your case.

How much does a custody lawyer cost in Arizona?

The average hourly rate for a family lawyer in Arizona is $265 per hour.

Does Arizona favor mothers in custody cases?

No, courts do not favor mothers in child custody cases in Arizona. Arizona Revised Statute Section 403.02(B) provides that “the court shall not prefer a parent's proposed [parenting] plan because of the parent's or child's gender.

How is child custody determined in Arizona?

How is custody defined in Arizona? Arizona no longer uses the term custody, effective Jan. 1, 2013; the term is now legal decision-making. Therefore, Arizona courts will no longer determine who will receive custody but rather who will have legal decision-making authority over the children.

How do I get sole custody in Arizona?

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 much does it cost to file for child support in AZ?

Costs Of Filing A Child Custody Petition In AZ There is a filing fee that may vary per county and can change from time to time. As of 2018 (latest schedule), the Maricopa County filing fee for a child custody petition is $279.

What can be used against you in a custody battle?

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

What is an unfit parent in Arizona?

The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

What are fathers rights in Arizona?

A father has the right to seek majority parenting time, equal time, or less time than the other parent enjoys. Parenting time ensures he has substantial, frequent, meaningful and continuing contact with his child. Dad has the right to parenting time, even if the other parent has sole legal decision-making.

What do judges look for in child custody cases?

Mental and Physical Well-Being of Parents Parents' mental well-being is of great concern to a judge in a child custody case. Psychological disorders, overwhelming stress, drug or alcohol abuse, and mental health crises can prevent a parent from acting in their child's best interests.

Can a mother move a child away from the father?

If so, they must generally apply to the court for permission to relocate, if the other parent objects to the move. Often a child abduction case will involve an 'after the fact' application to relocate. In relocation cases, the court will want to know details about arrangements for the child's future.

Do you have to pay child support if you have 50/50 custody in Arizona?

So even if the parties "agree" not to pay child support to each other, the court will have an independent legal obligation to ensure that your agreement doesn't hurt the kids. A 50-50 division of parenting time *often* results in a minimal - or even nonexistent - need for child support payments.

How to file for custody without a lawyer?

You may face some setbacks along the way. Contact your local legal aid organization for support and referrals to resources. Be open to reassessing your decision to work without a lawyer.

How to file for child custody pro se?

Filing for child custody pro se requires research and planning. Parents who head into court solo should be prepared to pay close attention to detail, maintain meticulous paperwork, and understand the laws related to their case. Consider your bandwidth as you evaluate whether going through this process without the assistance of a lawyer is right for you.

How to file pro se in a child's court?

Begin by contacting the family court clerk to obtain the proper paperwork. Typically, the court with which you must file will be located in the county where your child has lived for the past six months. 6 Be sure to inform the clerk that you are filing pro se so that you access the correct forms.

What are the things that influence a child custody decision?

Some things that could influence a child custody decision include: Evidence of domestic violence, abuse, or neglect.

What is legal aid?

Legal aid organizations offer free legal advice and representation to low-income individuals. 3 They can be a great resource and may be able to give you further direction before going to court. If you decide to go ahead with representing yourself, give careful thought to all of your child custody options.

What documents are needed for a child custody case?

Documents you'll likely need include: 1 Proof of paternity or legal parentage 7 2 Child's birth certificate 3 Any existing orders related to the child

How long does it take for a parent to respond to a motion?

Before mediation or a hearing is scheduled, the court must wait for a response to your motion from the other party. Courts typically offer three to four weeks for the other parent to respond.

What does "sole custody" mean in Arizona?

For many, when they use the term “sole custody” they mean both sole legal decision-making authority and some form of unequal—and/or supervised—parenting time schedule.

What is equal custody in Arizona?

The court opts for Arizona parents to exercise what is commonly referred to as “equal custody,” if it’s in the best interests of the child. The court actually prefers that parents work together and create a workable parenting time schedule that is in the best interests of the child.

What is a parenting schedule in Arizona?

A parenting schedule outlines when each parent will have physical custody of their child. Arizona law allows parents to have very flexible parenting plans, of the utmost concern is that the plan is in the best interests of the child.

How to establish paternity in Arizona?

Establishing Child Custody. Paternity in Arizona is usually established by either the child being born during a marriage or one parent petitioning the court to establish paternity. When a parent petitions the court to establish paternity, they essentially provide proof of paternity by either submitting a birth certificate or other voluntary ...

What is legal decision making in Arizona?

Legal Decision-Making relates to how nonemergency child custody decisions about religion, education, medical and personal care issues will be made.

What to do when a child dissolution?

During a dissolution, when children are involved, you will also need to resolve issues like parenting time, legal decision-making, holiday parenting time, child support, and other financial issues related to the children. You can reach a resolution between yourselves or with the assistance of a mediator.

What is legal custody?

Parenting Time simply refers to what parenting time schedule the parents will be exercising, or who has the child at specific times. During a parent’s parenting time, they are responsible for providing food, clothing, and shelter for the child.

What is the Arizona law on joint parenting?

In 2012, Arizona passed Senate Bill 1127, legislation that placed more focus on joint parenting. The bill prevents Arizona courts from giving preference to one gender or another during custody proceedings. The law was enacted in 2013, and today, the courts are much more likely to grant parenting time to both parents in order to maximize “both ...

What is joint custody?

Generally, joint custody refers to “joint legal custody,” which means that both parents have a legal right to make decisions for the child, including matters of education, medical care, religion, and personal care. Joint custody can also mean “joint physical custody,” which refers to the actual parenting time that each spouse has.

What are the mitigating factors in custody?

While there are many mitigating factors during custody proceedings, the courts are concerned, above all else, with the best interests of the child. The courts take into consideration the child’s preferences, as well as the parents’, and determines parenting time that reflects what’s best for the child.#N#Other factors that can affect how custody is arranged can include:

What are the factors that affect how custody is arranged?

Other factors that can affect how custody is arranged can include: The personal and criminal (if any) history of each spouse. The nature of relationships between the child and each spouse. Who has previously been the primary caretaker of the child. Cooperation between parents regarding custodial agreements.

Is joint custody legal or physical?

It’s important to note that an agreement can include joint legal custody but not joint physical custody. In many cases, however, joint custody includes legal and physical custody. Having legal custody is also known as having legal decision-making authority, while physical custody is known as parenting time.

Does joint custody equal parenting time?

The parenting plan also clearly states that joint custody does not necessarily mean equal parenting time, simply that the child’s time at each residence will be divided if joint physical custody is granted.

Is joint custody more common?

With this new law, joint custody agreements are only expected to become more common, and the parenting time of each parent is expected to become more equal over time. For parents considering divorce or separation, it’s important to know how joint custody works and how it affects children.

Who Can File for Emergency Custody?

Not just anyone can file an emergency custody petition, so who can file?. The most obvious is that the other parent has legal authority to do so.

The Safety and Well-Being of the Child is Most Important

There is an axiom in the court where they will always err on the side of protecting the child. However, that does not mean that they are going to grant an order to remove the children from one parent, especially in a situation where they are to be forcefully taken from the home, creating a traumatizing situation.

Contact a Family Law Attorney

If you suspect that your child, grandchild, niece/nephew is in a dangerous situation that requires an emergency custody petition, you will want to consult an attorney immediately. You want to make sure you are following the proper procedures that can best ensure the safety of the child/children, and a lawyer will help you to do just that.

Prove Your Claim

At some point, the court will ask you to prove your claim. This may occur even prior to the court ruling on whether the children should be taken away from the other parent or not.

How long does it take to get custody in Arizona?

In Arizona, a child custody establishment case takes at least three months but can take up to a year and sometimes even longer. The “even longer” part is probably not what you hoped to hear, ...

What to expect when meeting with an Arizona family attorney?

If you are meeting with an Arizona family attorney for the first time about a child custody, child support, or paternity matter, you almost certainly want to know what to expect during the legal process. To help prepare yourself for what lies ahead, you should get at least a general idea of how long the process takes, what it might cost, what is required of you, and what to expect. Not all these things can be determined precisely at this early stage, but the more information you gather, the better off you will be.

How long do you have to file a default judgment?

He or she gets another 10 days’ grace period after that to file a response without penalty.

How to contact family court in Maricopa County?

Or call Family Court Conciliation Services at 602-506-1448.

How long does it take to get a consent decree?

If you and the other parent agree on all terms of the child custody issues that the court requires you to address, and if you continue to agree on everything even after the filing of the petition, all you have to do is wait at least 60 days after service is effected to submit a consent decree that each of you has signed. You may have to wait a few days to a few weeks for a judge to get around to signing it—technically they have up to 60 days to rule—but you should receive the order no more than three months or so after starting the process.

What to do if you can't serve someone by certified mail?

If you are unable to serve the other party by certified mail or process server, you can ask the court for permission to serve by alternate methods. You must show you have exhausted all reasonable methods first or have no idea where the person can be found. Service by posting is one option.

How long does it take to get a court order?

You may have to wait a few days to a few weeks for a judge to get around to signing it—technically they have up to 60 days to rule—but you should receive the order no more than three months or so after starting the process. It is possible you still might be required to go to at least one court hearing.

How long does it take for an Arizona child custody order to be issued?

In some cases, this can be in as few as two weeks, though the timeline depends on the court’s calendar.

How to file for temporary custody in Maricopa County?

To file for temporary custody, follow these steps. 1. Fill out the paperwork. You can find the required forms and detailed instructions online for Maricopa County if you are in the process of separating, divorcing, or establishing custody or if you are requesting to modify custody.

What is an emergency custody order?

An emergency custody order is also called a temporary order. This temporarily grants one parent or another party sole physical and legal custody of the child in question. In some cases, the State may even get custody (as per Title 25-1034 ). This order gives all decision-making power to the person or party with physical custody for ...

How many copies of the original paperwork are needed for a divorce?

Make copies of the paperwork. You must make three copies. In total, you will have four versions, your original and your three copies. 3. File the papers at the court. Take your original paperwork and your three copies to the court clerk for filing.

What happens if a judge believes there is enough evidence?

If the judge believes there is enough evidence, they will issue an emergency order. This order will remain in place until a second hearing is scheduled where the other party can be present to defend against the allegations. The timeframe until the hearing varies from court to court based on the court’s calendar.

Can you get emergency custody?

It is not easy to get emergency custody. The burden of proof lies with the person making the petition for a temporary order. This means that a person asking for it must present substantial evidence to document the emergency situation. Typically, it’s best to work with a family law attorney during this process.

Can you file for emergency custody in Arizona?

Under Rule 48, Arizona law clearly states that emergency custody may be granted without notice to the other party only if two conditions are met: It is clear that the person requesting emergency custody or the child will be harmed by giving notice to the other person.

What is Arizona Statewide Paralegal?

The team at Arizona Statewide Paralegal serves all counties in Arizona and is certified by the Arizona Supreme Court. We are paralegals who are trained at filing the appropriate paperwork and following the correct procedures. We have been helping customers like you with legal documents since 1992.

What is it called when your spouse doesn't respond to divorce papers?

If your spouse never responded to the divorce paperwork, this is called a default divorce. If you want to get your divorce finalized as quickly as possible (on the 61st day after the service of process), then you will need to go to Default Court. This may seem like an intimidating process, but we make it easy for you.

Is it easier to divorce if you are on board?

If you are considering divorce, it is much easier if your spouse is on board. When you both are in agreement, the process is often quicker and less expensive than a drawn-out, contentious battle.

Where to file a family law action in Arizona?

Family Law actions must be filed in the Superior Court of the county in which one of the spouses resides provided that at least one of the spouses has lived in Arizona for at least 90 days. If the action involves a minor child, that child must have lived in Arizona for at least 6 months prior to filing. To prepare a Family Law action ...

What is a family law action?

An action filed in Family Law case may be filed to seek a divorce or legal separation or to create a Parenting Plan. A divorce is the legal termination of a marriage that results in a Decree of Dissolution of Marriage. A legal separation is the process of determining the legal rights and responsibilities of spouses without terminating ...

How long do you have to live in Arizona before you can file for paternity?

You are not legally married to the other parent. Paternity has been decided. The child has lived in Arizona for at least 6 months (or from birth) before you file. You want a court order saying what state the child lives in or who is the decision maker when it comes to the child.

What to do if you don't file a response in court?

If a response if filed in time, you will receive a copy of the response and notice of when to appear in Court. If a response is not filed in time, you must notify the Court that the other parent defaulted and that they should move forward with your request as is. Attend the court hearing. Be on time. Dress neatly.

What is legal decision making and parenting time?

Legal Decision Making and Parenting time is more commonly known as custody . Please be aware that custody can be a difficult thing for parents to set up and agree to. You are encouraged to Visit a Law Library for general guidance. Prior to filing a custody order you will need the following: Time and patience.