Family Court Forms | Maricopa County Superior Court (2024)

FAQs

How much does it cost to file for custody in AZ? ›

In most counties, you can submit your forms online through Arizona's e-filing system. Otherwise, submit at least two paper copies (in addition to the originals) at the court clerk's office. Filing fees vary depending on your case. Expect to pay between $100 and $200 when you file.

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.

To request a new judge in a family law child custody case in California, you can file a Peremptory Challenge under California Code of Civil Procedure Section 170.6. This allows you to disqualify the judge from hearing your case without having to provide a specific reason.

For example, the judge may seek to determine whether children feel comfortable with parents or if they seem scared or frustrated in their presence. Additionally, courts will assess whether the child has a relationship with other children in the home and whether they wish to remain at the same school.

Child custody cases in Arizona can take three months to a year to conclude because of the many things that influence the case. It can take longer than that if both parents do not discuss an agreement.

In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.

While it might have seemed that way decades ago, that's no longer the case. In Arizona and many other states, there is the presumption that the parents will both have 50% parenting time and joint legal decision-making. Of course, there may be factors that change this.

Can a mother move a child away from the father in Arizona? ›

If the parents share joint or legal custody, a relocating parent must provide the other parent with 45 days advance notice of a move out of state or a move that is equal to 100 miles away within the state. The non-moving parent then has the opportunity to petition the court to prevent the relocation.

To prove judicial bias, you need strong evidence that demonstrates the judges partiality. This evidence should be factual, documented, and relevant to the case.

Motions under Code of Civil Procedure section 170.6. A party making a peremptory challenge by motion or affidavit of prejudice regarding an assigned judge must submit it in writing to the assigned judge within 20 days after service of the order assigning the judge to the coordination proceeding.

If you want to disqualify a judge, you must file a motion that includes specific language listed in the law at CCP 170.6. 4. This motion must be filed on time. This means you can try to disqualify a judge any time before the trial starts.

If you bring a matter and are unsuccessful in both your request, each party will bear the cost of their own legal fees unless the initiating party was harassing, wasting court resources, etc. A party is also more likely to be successful in a request for attorney's fees when the amount requested is reasonable.

If parents can't agree on a custody arrangement, the case might proceed to trial. During the trial, both sides present evidence, call witnesses and make their case to the judge. The judge then evaluates all presented information, considering the child's best interests, and makes a final custody determination.

Chances of getting full custody in Arizona

Securing sole custody can be difficult if the youth's mother or father objects. Before you seek this type of order from the court, it's wise to speak with an experienced Arizona child custody lawyer about your chances.