Santa Ana, CA asked in Family Law for Arizona

Q: We filed for 50/50 split custody. Now we want to go for full custody, how do we do that? Nothing's been ordered.

Nothing's been ordered through the court, we had the conference mediation, nothing was settled through that. We found out some not-so-good things that she's been doing. So now we want to go for full custody, is there another filing fee, how much longer is it going to take. As it is she only lets us see the baby 2 hours on Sunday. Thank you

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1 Lawyer Answer
Randi Sirlin
Randi Sirlin
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: If she is not allowing you to see your child for more than 2 hours a week, you should file a Motion for Order for Legal-decision-making, parenting time and child support.

Regarding the fee, if you just paid a filing fee to start the case, you can file something called a "motion for leave to amend your petition," and if granted (it most likely will be), there is no additional filing fee.

If you want to file for modification (after an order is in place, there is a filing fee of $89.00.

My suggestion is that you contact an experienced family law to assist you. If you cannot afford an attorney, I would seek out a consultation with an attorney who will meet with you to assist you regarding the Rules of Court, the Statutes, the procedures required, etc. so that you may be more likely to succeed with good information from an attorney.

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