Legal Question in Family Law in Arizona
Where/how to find case studies regarding child custody
I'm pro-per, representing myself in an unfortunate situation in which the father is a drug addict. I currently have joint custody in title, but sole custody by definition. Due his most recent relapse, I feel that it's necessary to obtain the title of sole custody. Mostly to avoid having to seek out this particular individual on future benders to obtain signatures to travel, school..whatever the case may be. I've been waiting for over a year trying to get his signature on permission to obtain a passport for my child. How do I find actual case studies that I can research and reference to strengthen my petition to modify custody?
1 Answer from Attorneys
Re: Where/how to find case studies regarding child custody
Lawyers usually use one of a few sources. There are three websites I can think off-hand: westlaw.com, lexisnexis.com and fastcase.com. I believe these sites would allow you to do some research on a pay-per-use basis. You also can use the law library at the superior court. There you would use the index in the Arizona Reporter or the Pacific Reporter to locate cases that speak to your issues.
I would start with the annotated versions of the statutes that apply to your case. Not knowing all the facts of your case, I would tentatively say that A.R.S. 25-403 & 25-411 apply here. The annotations will have short rulings from cases that deal with the particular statute. Annotated versions of statutes can be found at a law library, westlaw.com and lexisnexis.com.
Of course, it is always best to have an attorney. If you are representing yourself because of monetary concerns, you may want to look into hiring an attorney to represent you for the limited purpose of preparing for, and attending, the trial.