Legal Question in Family Law in Arizona

Re: Child custody in AZ

In typical lawyer fashion, I will tell you �it depends.� You should file for a Divorce as soon as possible. I work in southern Arizona, primarily in Cochise County. I suggest you seek the assistance of a local attorney. You need to start keeping a calendar of mom�s contacts with her kids. You should keep any evidence of criminal activity. Be prepared to explain to the court why you didn�t call the police.

Infidelity alone is not a basis for divorce, since Arizona is a �no fault� state. It doesn�t matter who caused the marriage to end. Ongoing illegal activity by one parent, in your case prostitution, would be very relevant in a custody hearing. If you are currently the primary care provider for the children, that is an important element, also. The statutes require the Judge to decide custody based on the �best interests of the child.� Her criminal activity alone does not automatically mean you get custody, but it is a strong factor in your favor.

GOOD LUCK,