If we have joint custody but I’m doing most of the caring, what can I do to get primary custody or full custody?

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If we have joint custody but I’m doing most of the caring, what can I do to get primary custody or full custody?

Asked on January 16, 2013 under Family Law, Arizona

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can file a motion to modify the custody orders such that you are awarded primary or full custody.  You would file the motion with the same court that entered the original orders.  You would then need to serve a copy of the motion on the other spouse.  If the two of you cannot agree on a new custody arrangement, then you can request a hearing before the judge to make the final decision.  If your custody papers have a mediation clause, you may be required to go to mediation before filing or before the final hearing.  So double check your paperwork before you file your motion so that you will know how to time the filing of your motion to modify.


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