Child Custody

questions & answers

Question: It's my time with my kids but my ex who has primary custody has bed bugs am I legally able to not take them during my time untily ex gets rid of them so I don't get bed bugs too?

Answer:

A person may petition to the court to modify an order of parenting time rights whenever it is in the best interest of the child. Pursuant to ARS Title 25-411 section J. The court may modify an order granting or denying parenting time rights whenever modification would serve the best interest of the child, but the court shall not restrict a parent's parenting time rights unless it finds that the parenting time would endanger seriously the child's physical, mental, moral or emotional health. Pursuant to ARS 25-414 if an alleged violating parent is found to have refused to comply with the court order than any one of the following may result:

 1. Find the violating parent in contempt of court.

2. Order visitation or parenting time to make up for the missed sessions.

3. Order parent education at the violating parent's expense.

4. Order family counseling at the violating parent's expense.

5. Order civil penalties of not to exceed one hundred dollars for each violation. The court shall transmit monies collected pursuant to this paragraph each month to the county treasurer. The county treasurer shall transmit these monies monthly to the state treasurer for deposit into the alternative dispute resolution fund established by section 12-135.

6. Order both parents to participate in mediation or some other appropriate form of alternative dispute resolution at the violating parent's expense.

7. Make any other order that may promote the best interests of the child or children involved.