Legal Question in Family Law in Arizona
Divorce and custody
I want a divorce and want my spouse to move out. She is currently in a half way house. When she is done she wants to stay here in the house with me. We rent and I pay all the bills. Does she have a right to stay? I would like full custody of our 2 kids. how likely am i to gain custody? She is in a half way hous dealing with drug addiction.
1 Answer from Attorneys
Re: Divorce and custody
If you file for dissolution you will need to request emergency temporary orders to allow you to have exclusive use of the home, otherwise she can return to the marital residence. Your post does not indicate if the house is owned or rented. If the house is owned she has an interest in any equity in the home. Custody is based on the best interests of the children. In your temporary orders petition you will need to cite to her drug abuse problems for temporary custody. However, if she cleans up her act and stays clean the court could consider that as a positive step towards joint custody.
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