What can I do to get full custody?

Question: What can I do to get full custody?

I have been separated from my husband for 10 months and want full custody. I am from Arizona and 12 months ago we moved to South Dakota to be closer to his family. After 2 months of being there he cheated on me and we have been separated ever since. Recently (under the advice of a lawyer) I moved back with the kids to Arizona. The kids are 2.5 and 5 years old. I now have an apartment, a job and have enrolled the oldest in school. All my family and support system is here in Arizona. The father is verbally abusive, but does not want to help with child care. I want full or sole custody of the children to ensure they stay with me. What kind of battle will I have to fight to ensure this happens. There is no family or friends for me in South Dakota and I absolutely do not want to go back there. I would give up any child support just to have full custody.

Answer:

You do not have the option of “giving up child support to have full custody.” At such time as you file for divorce, the court will address custody and support as well as other issues.

An important note is that the children must reside back here in Arizona for 6 months before the court will have jurisdiction over them.

You should seek a free consultation with an experienced family law attorney and probably not discuss the matter with your husband again until you do.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
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West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at Sampair Group.