Child Custody

questions & answers

Question: My ex & I have 50/50. we split in 5/15, he moved in his gf two months after I left. He since has been trying to get my son (2.5yrs) to call her mom. He took him out of the babysitter care w/o my knowledge or agreement, put him in a daycare of his choosing so his gf could have access to my son. He wouldn't let me know where he was enrolled. Once I did they wouldn't give me an update because he didn't list me on the pwork. He takes him to rndm clinics so I won't have access to his records. & I just found out she was arrested for domestic violence while my son was there. What can I do help!

Answer: I do not know whether your reference to "50/50" applies only to parenting time, or whether you also share legal decision-making (LDM) ... and the distinction matters. If you have joint LDM, then neither of you should be making major decisions about the child without the other's permission. That certainly includes treatment at clinics and enrollment with new day care. And even if he had sole LDM, you would still be entitled to all records concerning your child. That is mandated by state law. See ARS 25-403.06. And now, given the news of his girlfriend's arrest, the situation is more serious. Since over a year has passed since the filing of your original decree, you should consider a petition to modify LDM and parenting time under ARS 25-411 and Family Law Rule 91. The superior courts in most counties (including Maricopa, Pima, Pinal, Coconino, and Mohave) all have helpful family court forms that people without lawyers can read and understand for this purpose.

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  • My ex & I have 50/50. we split in 5/15, he moved in his gf two months after I left. He since has been trying to get my son (2.5yrs) to call her mom. He took him out of the babysitter care w/o my knowledge or agreement, put him in a daycare of his choosing so his gf could have access to my son. He wouldn't let me know where he was enrolled. Once I did they wouldn't give me an update because he didn't list me on the pwork. He takes him to rndm clinics so I won't have access to his records. & I just found out she was arrested for domestic violence while my son was there. What can I do help!

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