questions & answers

Question: After a lengthy custody battle, where the mother changed her mind about custody many times, my fiance won sole physical custody and joint legal decision making. The mother was only granted every other weekend due to abuse, neglect and drug convictions. The children and dad lived with dad's mother, where once he got a job he left the kids in the care of their paternal grandmother, who then allowed the mother to move in. The mother has since turned the oldest child against his dad, but my fiance wants his son to move in with me so that he can see him. What can be done? Should we call the cops?

Answer: For information concerning your specific situation please contact an attorney. Click the following link: http://www.azlawhelp.org/articles_info.cfm?mc=5&sc=36&articleid=151. In Arizona, custody of a child is based on the best interests of the child. Arizona family court looks at matters in list below to decide child custody:
•    The parent and child's wishes
•    The child's change to the different environments
•    Any history of domestic violence or child abuse
•    Who has delivered primary care of the child
•    The mental and physical health of everyone involved
•    A child's relationship with either parent
•    A parent's desire to have a meaningful and generous relationship with the other parent
In Arizona, a court may give parents either sole or joint custody. According to best interest, an Arizona court may order joint legal custody and not order joint physical custody.  A court will use the problems below to decide:
•    Views by the parents for joint custody agreement according to best interest
•    If a joint custody planning is possible
•    Each parent's ability to connect and unite with each other on custody
Arizona court does not give custody or visitation to a parent when there is a big risk of danger to the child. Counseling sessions may be offered. Courts consider:
•    A parent's history of drug offenses
•    If a parent has a murder conviction
•    If a parent is a convicted sexual offender
The phrase "best interests of the child" is applied in a number of different contexts throughout the Arizona domestic relations code. Your question does not indicate which of those contexts you are interested in. On the assumption that you are talking about an award of custody, I would direct your attention to A.R.S. § 25-403.