questions & answers

Question: I was divorced from my husband at the time me and him were both really bad off, I was granted joint custody, but only supervised visitation until I completed drug classes, took u.a.s and could prove I had a place to live and was remaining sober. I have been sober for 2 years now, my ex doesnt have my children now either his parents do, they have temporary guardianship. How do I get the guardianship removed and getr my custody of the children. The judge already said i had it i just had to do those things and I have.

Answer:

Arizona Revised Statute 25-411(F) states that “[t]o modify any type of custody order a person shall submit an affidavit or verified petition setting forth detailed facts supporting the requested modification and shall give notice, together with a copy of the affidavit or verified petition, to other parties to the proceeding, who may file opposing affidavits.” The current custody order may be temporary guardianship of the children to your ex-husband’s parents. To modify the custody, you must submit a petition to the court outlining why you should have custody of the children.

You must give notice of your petition to all parties involved. This means you must mail copies of the petition to the homes of your ex-husband and his parents. The court will review your petition and decide whether adequate cause for hearing the motion is established. If the court finds adquate cause, a hearing for the modification of custody will be set. A.R.S. 25-411(F).