Arizona Child Custody -- Arizona Family Law Attorneys
Arizona Child Custody cases are governed by ARS Section 25-403 - "Custody; best interests of child".
A. The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including: 1. The wishes of the child's parent or parents as to custody;
2. The wishes of the child as to the custodian; 3. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest; 4. The child's adjustment to home, school and community; 5. The mental and physical health of all individuals involved; 6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent; 7. Whether one parent, both parents or neither parent has provided primary care of the child; 8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody; 9. Whether a parent has complied with chapter 3, article 5 of this title.
10. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.
B. In a contested custody case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.
I am trying to get custody and visitation of my son through the courts as the verbal agreement we had in the past is no longer working. We have never been married and I am the primary care giver of my son.
I started the process and filed the paperwork that is necessary on January 12, 2009 and had my son's father served. I received notification from the sheriffs office that he had been served on January 21, 2009.
Then on the 24th a process server came and served me with the exact paperwork from my son's father. He filed on January 15, 2009 and now I am trying to figure out my next step.
Is his service valid on me? There are two different case numbers now and I am not sure if I respond to his paperwork and I am confused on my next step. Is there a check list or some kind of reference that I can get a hold of to make sure I am doing things in the correct order?
What is the law regarding one parent relocating and taking the child from Arizona to another state for employment after a divorce? The child is two years old.
What temporary order would I file in order to give my sons dad the right to see him until the court process is over with? I am afraid he will take off with my son unless I get some type of temporary order from the courts. I cannot get an order of protection because he has done no bodily harm to my son.