questions & answers

Question: I have two children who live with their mother , recently on the visits they refuse to go home citing emotional and some psychical abuse. my daughter had cutting scars on her arm and said it was cause her mom emotional bullied her to that point.When they are with me there is no issues with the children, how could I get sole custody to keep my kids and keep them from the abuse they sustain at their mothers .There is no custody plan in place just a child support order for both children

Answer: The statement that there is no custody plan in place is a bit confusing because child support is partly based on who has custody of the children. Who pays child support to whom?  To obtain sole custody, you would need to file a petition for custody in the court.  Arizona Revised Statutes, section 25-411 is the statute that sets out the criteria for modifying custody.  (Custody is now called "legal decision making/parenting time.)  You can go to the website for the Superior Court of the State of Arizona and look for the self-help center.  There, you will be able to download the appropriate forms to apply for a modification of custody.  You will need to serve your ex with the papers and she will have the right to respond.  Custody issues can be very complicated.   Talking to a lawyer may help you decide what to do.