Legal Question in Family Law in Arizona

Re: Custodial Rights

It is not clear from your question if you are married. If you are married, the obvious answer is to get a divorce. If you can�t afford an attorney, there are Legal Aid clinics in most Arizona counties, where you can get information about filing for the divorce on your own. Check out azlawhelp.org

If you are not married, is the father�s name on the birth certificate? If not, he would need to acknowledge paternity. I assume there are no custody or support orders in place. You can hire an attorney, I would recommend someone local who is familiar with the local court system. If you can�t afford an attorney, you can take action on your own. There are forms and instructions on the Maricopa County Self Service Center website. If you don�t live in Maricopa County, just change the name in the caption, any other county should accept these forms. You would be requesting primary custody, you and the father could meet with a neutral mediator who could help you both set up visitation. The child�s father can threaten all he wants, you know best whether he will act or take the time to follow through with the court system. If you are a victim of domestic violence or need a restraining order, contact your local Justice of the Peace court. He would have the right to hire an attorney, too. You could, also request a child support order.

As to child support, I recommend you open a case with the State of Arizona/DCSE, a free enforcement service. See their web site at http://www.de.state.az.us/dcse/default.asp. for an application and the address for your local office.

If you have reason to suspect he is using drugs, explain your reasons to the court and request he get drug tested. You should be prepared to submit to drug testing, also.

Good Luck