Parental Rights & Obligations

questions & answers

Question: My husband got a divorce in AZ to his ex. She remarried military so they move quite often. The youngest child (both in mothers care) is now living in a different state than her mother and is not emancipated or 18 yet. She is either living with her step-dad (against divorce agreement) or own her own. What steps need to be taken to enforce mother's responsibilty of child custody? Dad has custodial custody currently but the child went to live with her mother due to domestic violence towards me. Mom is in WI and child is in NC. Any help would be greatly appreciated to straighten out this issue.

Answer: Generally, either parent may file a petition to modify or enforce an existing child support or custody order when they think the current arrangement is not working or being carried out per the order. More information on parenting time and custody arrangements can be found in “Child Custody ,” available online here (http://azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=68). A request to enforce custody would be submitted to the court that originally heard the case, and the forms are available at most Self Service Centers or online. For example, Maricopa County’s Superior Court has these forms available here: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_drehc1.asp If the children are also in any danger or are staying in unsanitary conditions, it may be a violation of the law as well. Under Arizona law, a person having custody and care over a child cannot place a child in any situation that may cause physical injury or abuse, or that may cause harm to the health and or moral welfare of the child. (see A.R.S. § 13-3623(B) (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03623.htm&Title=13&DocType=ARS) & A.R.S. § 13-3619 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03619.htm&Title=13&DocType=ARS)). To find out how the law applies to a specific situation, contact an attorney directly (http://www.azlawhelp.org/articles_info.cfm?mc=5&sc=36&articleid=151).

Comments:

QUESTIONS

  • My husband got a divorce in AZ to his ex. She remarried military so they move quite often. The youngest child (both in mothers care) is now living in a different state than her mother and is not emancipated or 18 yet. She is either living with her step-dad (against divorce agreement) or own her own. What steps need to be taken to enforce mother's responsibilty of child custody? Dad has custodial custody currently but the child went to live with her mother due to domestic violence towards me. Mom is in WI and child is in NC. Any help would be greatly appreciated to straighten out this issue.

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