Forms for Sole Custody in Arizona

By Anna Assad

As a parent, you may file for sole legal and physical custody of your children in an Arizona county court as long as you, the other parent or children live in the Arizona county where you're filing. The parent with sole legal custody makes major decisions for the child. Physical custody refers to the person with whom the child lives. Having sole custody doesn't mean the other parent doesn't see the children. The court may award the other parent "parenting time," which is court-ordered visitation time. A parent may file a petition for sole custody in Arizona as long as the children have lived in the state for at least six months or since birth; however, the petition you need to file depends on your circumstances.

As a parent, you may file for sole legal and physical custody of your children in an Arizona county court as long as you, the other parent or children live in the Arizona county where you're filing. The parent with sole legal custody makes major decisions for the child. Physical custody refers to the person with whom the child lives. Having sole custody doesn't mean the other parent doesn't see the children. The court may award the other parent "parenting time," which is court-ordered visitation time. A parent may file a petition for sole custody in Arizona as long as the children have lived in the state for at least six months or since birth; however, the petition you need to file depends on your circumstances.

Petition to Establish Child Custody, Parenting Time and Child Support

If you don't already have a custody order and not married to the other parent but have established paternity, you need to complete and file a Petition to Establish Child Custody, Parenting Time and Child Support. On the petition, you'll need to include personal information, such as your name and address, as well as the names, addresses and birth dates of your children. You'll also need to include the name, address and birth date of the other parent. You'll have to indicate whether you have a child support order and if you think it needs to be changed. However, even if you don't want it changed, the judge may alter the support. On the petition, you must also give the reason why the court should award you sole custody and what type of parenting time you want the other parent to have. Further, you'll have to indicate which parent should be responsible for the children's medical insurance premiums and give your financial information for child support calculation.

Divorce is never easy, but we can help. Learn More

Petition to Modify Child Custody, Parenting Time and Child Support

If you and the other parent have a custody order already, you may file for sole custody if at least one year has passed since the custody order was entered and circumstances have changed, or there has been a child abuse, spousal abuse or domestic violence incident. If the existing order is for joint custody, you may file if the other parent hasn't followed the joint order for at least six months. In these cases, you'll need to file a Petition to Modify Child Custody, Parenting Time and Child Support. On the petition, you must include the names and addresses of both parents, the children's names and birth dates and information about the original custody order, including the date the judge signed it and the court location. You must indicate the part of the original order you want to change, word-for-word, as well as explain why you want sole custody. The petition also requests information concerning who will be responsible for the child's expenses -- such as health care premiums -- and current financial information for both parents for child support purposes.

Court Procedure Forms

You'll also need to fill out other forms that the court requires as part of the procedure for your case. The court may use a sensitive data form, which allows you to list sensitive information about you and your children -- such as Social Security numbers -- separately from the court papers the other parent will receive. You'll need to fill out and file a summons for either petition. A summons is an official notice from the court to the other parent. It requires the other parent to respond to your petition. Other forms vary by county and circumstances of the case.

Considerations

If you're married to the other parent, Arizona law requires you file for legal separation or divorce to pursue custody of the children. If you were married to the other parent when the children were born, Arizona presumes your husband is their father. If you weren't married and must establish paternity before you can file for sole custody, you and the other parent may complete and file a paternity acknowledgement or you can file a petition in court to have paternity established.

Divorce is never easy, but we can help. Learn More
Forms to File for Full Custody of Children in California

References

Related articles

How to Reverse a Sole Custody Order in Missouri

Provided the existence of certain conditions, a parent can be successful in reversing a sole custody order in the state of Missouri. An important first step in the process is understanding the difference between legal and physical custody, and that modifications of existing arrangements require a showing of new facts coming to light after the original order. Notice must be provided to the other parent, and if the parties cannot agree on a parenting plan, the judge will rule in favor of the modification if it is in the best interest of the child.

How to Get Full Custody of a Child in Texas

If you cannot agree on custody terms with your child's other parent and you desire full custody of your child, you will need to be prepared to engage in a custody battle. . Obtaining full custody in Texas is difficult as there is a presumption that joint custody will be most beneficial to the child. Before you begin, determine if you already have a custody order regarding your child. If you have not previously filed for custody you will need to seek a new custody order with the court. If you already have an custody order, you will seek to modify that order.

What Does Full Custody Mean?

The definition of full custody depends to some extent on where you live and your state's legal jargon. It may mean that you'll have both legal and physical custody. But in some states, it means that you have either sole legal or sole physical custody. If you're not sure what you want to ask the court for as part of your divorce, consult with a local lawyer to make sure you get the terms right for your jurisdiction.

Get Divorced Online

Related articles

How to Apply for Sole Custody in Baltimore, Maryland

In some cases, sole legal custody or sole physical custody is in the best interests of a child. For a parent wishing to ...

How to File for Visitation Rights in Nevada

Nevada, like all other states, uses the "best interests of the child" standard in determining child custody ...

Filing for Physical Custody in Virginia

Both parents and Virginia courts are primarily concerned with what is in the best interests of the child in a divorce ...

How to File a Petition on Custody and Visitation in the State of California

During a divorce, California courts determine custody arrangements for the divorcing couple’s children, splitting ...

Browse by category
Ready to Begin? GET STARTED