questions & answers

Question: My ex husband has full custody of our 4 children and he is keeping them from me. Not allowing me to have any contact with them. The children have written me asking for a response but I am unable to write back because their father will not give me a return address. Is what he doing illegal? And if so what steps do I need to take in order to see and speak to my children?

Answer:

AZLawHelp Question 22058:

State law entitles a parent to reasonable parenting time.  However, parenting time can be limited, or even denied, if the child's physical, mental, moral or emotional health would be seriously endangered by parenting time with a parent. A.R.S. 25-403.

Full custody or sole custody means one parent has the sole legal custody of a child. In this situation, the court orders that one parent be responsible for making the major decisions regarding the child’s care or welfare. Although both parents may discuss these matters, the parent designated by the court has authority to make final decisions in the event the parents do not agree. A.R.S. 25-403.01

The court may grant a parenting time when parents are asking the court to change a parenting decision that was made in an earlier separation or divorce case. After a decree of legal separation or divorce has been granted, the court still has authority to change (modify) an earlier parenting time order. Either parent may request in writing for the court to decide what parenting time should be. The request is filed with the Clerk of the Superior Court and a filing fee is charged.

To enforce an existing court order:
http://www.superiorcourt.maricopa.gov/sscDocs/packets/drevs1z.pdf

To establish parenting time
http://www.superiorcourt.maricopa.gov/sscDocs/packets/drv1.pdf

To establish parenting time
http://www.sc.pima.gov/Portals/0/Library/FirstVisitOrder.pdf

To enforce an existing court order:
http://www.sc.pima.gov/Portals/0/Library/2011PetModPT.pdf

For more general information on child custody issues refer to:
http://azlawhelp.org/documents/Microsoft%20Word%20-%20PAT%20Packet%201%20-%20General%20Information1.pdf