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A mother or father has to be absent at least 6 months to lose their parental rights in Arizona. Both ARS 8-201 & ARS 8-531 say, ?Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.?
Go to the Clerk of Superior Court and ask to file a ?Petition to Establish Legal Decision-Making (legal custody), Parenting Time and Child Support.? They will give you a packet of forms which you need to fill out. (This packet is also downloadable online.) File your completed paperwork and pay the required filing fees.
If a married couple separates but does not file for legal separation or divorce, both parents would still share physical and legal custody. Each parent would have just as much right to take the child as they did before the separation.
Any parent can lose custody if they are proven unable to provide for the child's needs, and this is not based on gender. Parents can lose custody if they have substance abuse issues, are neglecting or abusing a child, or if they are deemed to be mentally unfit.
That's because of their maturity and experience in comparison to younger kids. In Arizona, there is no particular age that allows the child to decide the custodial preference.