Legal Question in Family Law in Arizona

No legal orders in place

When separating from my childrens father,I had allowed them the live with him due my residence situation. Now that that things are on track and I have a perminent residence and job with benefits I would like to pursue the custody situation.However he has made it dificult.There are no legal orders in place where the children have to live with him.I have just allowed it.What will I need to know before continuing?(I.E. laws that will either work for or against me when pursuing this case)


Asked on 4/02/01, 10:26 am

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: No legal orders in place

I am assuming that you were never married to the father of your children.

Procedurally speaking, if you have no court orders in place, you are looking to start with a petition to establish paternity, custody, visitation and child support.

Several factors will come into play in deciding custody/visitation. The legal standard is the "best interest of the children." The court will consider all information relevant to this determination.

It is difficult for me to give specific guidance without knowing how long the children have been with him, how long the two of you were together after the children were born, whether he is providing a proper home environment for the children, etc.

Bear in mind that there is a difference between legal custody and "residential" custody.

If you would like to discuss this matter in greater detail, please do not hesitate to contact me directly. (480) 732-9200

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Answered on 6/05/01, 12:19 am

Re: No legal orders in place

My best response to such a general question is to simply refer you to our website, which has very specific descriptions of Arizona law on a variety of "family law" topics. Please view our wesbite at www.familylawaz.com.

Please then call my assistant, Cathy, to schedule a free 1/2 hour consultation, in which we can address any additional questions you may have.

I look forward to hearing from you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

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Answered on 6/05/01, 11:59 am


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