Child Custody

questions & answers

Question: My daughters father has been absent for 5 years. He had a prior court order that allowed him visitation over 5 years ago. He completely stopped taking her or picking her up. Has not contacted her or I since then. She is now 8 and he now wants to see her again and wants shared legal etc. He is also now engaged and had a 2 year old. Is it likely he will just get visitation ? Or will I be able to get full custody ?

Answer: Unless you or your ex-husband has been back to court to change the original custody and visitation order, that order remains in place and is valid.  (Arizona Revised Statutes, sections 25-403; 25-408).  If a person wants the custody and visitation order changed, that person would need to file a petition for modification of the order with the court.  (Arizona Revised Statutes, section 25-411).  

QUESTIONS

  • My daughters father has been absent for 5 years. He had a prior court order that allowed him visitation over 5 years ago. He completely stopped taking her or picking her up. Has not contacted her or I since then. She is now 8 and he now wants to see her again and wants shared legal etc. He is also now engaged and had a 2 year old. Is it likely he will just get visitation ? Or will I be able to get full custody ?

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