My daughter's mother is trying to get full custody of my 5 year old daughter. I have 50-50 with primary residence

Asked almost 4 years ago - Tucson, AZ

with the mother. We were awarded this in Ca., now live in Tucson because my daughter's mothers residency was at UMC. She is now a doctor, and I am left out in the cold, she is lawyered up, lying, using mental health condition of mine against me. I have no representation, can I get a court appointed lawyer

Attorney answers (1)

  1. Ryan Michael Reppucci

    Contributor Level 14

    Answered . Assuming CA relinquishes jurisdiction and AZ then possesses the ability to modify the order, there is now a presumption for joint custody in arizona absent evidence to the contrary. See A.R.S. 25-103. Examples of items that would rebut a finding of joint custody are domestic violence, substance abuse, child abuse/neglect, mental concerns, etc. This is not meant to be an exaustive list, but provide you a bit of insight as to the items I am sure her lawyer will attack in attempt to rebut the joint custody presumption. If there are no findings substantiated, the court should be inclined to award joint custody moving forward.

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