Parents who want full custody must have a significant reason to present to the court, backed with solid evidence. Examples of significant reasons are: Domestic violence from the other parent (the incident could be experienced or simply witnessed by the child) Child abuse inflicted by the other parent.
If you're doing it on your own, however, you may contact your court clerk for information on how to do this. The motion has to state what your ex-spouse isn't doing, what areas he or she is in violation of. It must clarify why he or she ought to be held in contempt of the divorce decree. You must prove your case.
What are the grounds for getting full custody in Arizona? A co-parent's abusive behavior in the home, neglectful parenting or serious substance abuse problems might be factors that motivate a judge to grant you full custody. These determinations are based on what the judge believes to be in the child's best interests.
Before an Arbitrator is Appointed When filing a complaint, the plaintiff also must file a Certificate of Compulsory Arbitration which states the monetary amount of the controversy. If the case is designated an arbitration case, an arbitrator is appointed once an answer to the complaint is filed.
Steps to How to Get Full Custody of a Child as a Mother. Gather Solid Evidence. Prove You Can Provide a Stable Environment. Keep Things Civil with the Other Parent. Get Help from an Experienced Family Lawyer. Focus on Your Child's Best Interests. Try Mediation. Negotiate Directly with the Other Parent. Create a Parenting Plan.
The Maricopa County Municipal Courts include 27 Arizona Municipal Courts in Maricopa County, Arizona.
Steps Check if the court has blank motion forms. Some courts have "check the boxes" or "fill in the blank" motion forms. Create your caption. Title your motion. Draft the introductory paragraph to the body of the motion. Request relief. Lay out the applicable facts. Make your legal argument. Insert a signature block.
If you have a court date and you are not able to attend, or if you must provide documents to the court and cannot meet the deadline, you must file a Motion to Continue and a Notice of Hearing. Your request for a continuance and hearing must be filed as far in advance as possible.
A request for the Court to change an upcoming hearing to a later date for reasons such as incomplete disclosure or discovery processes, a conflict, illness, etc.
There is no set number because there are any number of reasons a continuance could be asked for.