Child Custody
questions & answers
Question: my wife and I have been seperated for several months now.she has been in and out of rehab and now wants custody of our daughter.She has giving her mother guardianship.I want to know if I have any way of not letting her get my daughter.
Answer: Generally, under ARS 25-408(A) (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00408.htm&Title=25&DocType=ARS) , if the other parent is entitled to parenting time by way of a divorce decree or custody agreement, that parent has the right to exercise visitation with the children unless “the court finds, after a hearing, that the parenting time would endanger seriously the child’s physical, mental, moral or emotional health.” State law entitles a parent to reasonable rights of parenting time as long as it remains in the best interest of the child. There are many factors that the court will consider in making a determination, including those listed in ARS 25-403 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00403.htm&Title=25&DocType=ARS) , such as domestic violence, child neglect, substance abuse, and the criminal conduct of either or both parents, child’s relationship with parents, or child’s and parent’s wishes. Based on the best interest of child a parent may request to change a court order establishing visitation (also known as “Parenting Time” in Arizona). Conditions and procedures for modifying a parenting time order can be found in ARS 25-411 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00411.htm&Title=25&DocType=ARS) . Additionally, some custody agreements or parenting plans have a portion which directs how the parties can change the visitation schedule. You can also find additional information on this website about Child Custody, Visitation (http://www.azlawhelp.org/documents/Custody_and_Parenting_Time_Guide.pdf) , and Parental Rights and Obligations.
QUESTIONS
-
my wife and I have been seperated for several months now.she has been in and out of rehab and now wants custody of our daughter.She has giving her mother guardianship.I want to know if I have any way of not letting her get my daughter.
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- Legal Services for Crime Victims in Arizona (LSCVA)
View full description - Avondale Victim Assistance Unit
View full description - DNA - People's Legal Services - Chinle
View full description - Volunteer Lawyers Program – DNA
View full description - Maricopa County Conciliation Services
View full description
Generic versions of the drug Cialis, sold as tadalafil, now available from many manufacturers.