questions & answers

Question: The mother of my daughter lives with an abusive boyfriend and his 5 children. I currently have joint custody of my daughter and a split parenting plan. My daughter is being emotionally abused and has been required to see a therapist for physically hurting herself (she is only 8). The therapist told me I need to keep her out of that environment but I can't find any real information on emergency legal decision making and parenting time change in Pima county. The mother has threatened to move out of the country with my daughter if I try to take her back to court. What can I do??

Answer: Either parent may request in writing that the court modify a custody order of the child. To change an existing joint order, it must be shown that the best interests of the child are served. The request is filed with the Clerk of the Superior Court and a fee for filing is charged; however, there are limitations on requesting a modification. For example, a request may not be filed for one year from the date of the earlier order, unless there are special circumstances seriously endangering the child's physical, mental, emotional or moral health. If a form of joint custody has been ordered, a modification may be requested at any time if there is evidence that domestic violence, spousal abuse or child abuse has occurred since the date the last order was granted. One or both parents may also want to prevent the abuser from contacting the child/victim of abuse, and there is an article on restraining orders and how to get one available here (http://azlawhelp.org/articles_info.cfm?mc=1&sc=57&articleid=72). To find out how the law applies to your specific situation and what other options are available, contact an attorney directly.