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Would like to know if I might have a chance to win sole custody.

Scottsdale, AZ |

My children have been taken from their mother by CPS 2 times and had to spend the night in foster care, after the 2nd time CPS has given me the children and they are now living with me pending the investigation on the mom. I filed for sole custody through the court about 5 days ago, in the mean time I have enrolled my son in a new school and my daughter is now attending head start. I am wondering if my chances are good to finally have custody of them. I have no criminal record and me and my wife both have decent paying jobs. The mother has NO employment and has criminal charges.

Attorney Answers 3


  1. Based upon the facts you presented, I think you have a good chance of being designated the sole legal decision maker


  2. Based only on the facts you listed, you have a good shot, but the judge will consider many factors as well.

    All information on this website is not, and is not intended to be, legal advice. You should consult an attorney for advice regarding your individual situation, as each case is different and contains different facts. We invite you to contact us and welcome your calls, letters and e-mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until you establish an attorney-client relationship with us.


  3. The answer to your question depends on your definition of "custody". In Arizona there is parenting time and legal decision making authority (LDMA). LDMA deals with decisions in three (3) areas: health, religion, and education. Parenting time is what time the court awards each party to exercise time with the child/ren.

    Given your circumstances/CPS involvement you have a strong argument for sole legal decision making and being the residential parent. The Court generally will still award her parenting time but it may be on a supervised basis depending on the CPS investigation. Good luck.

    This answer does not create an attorney client relationship.

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