Child Custody

questions & answers

Question: Me and my ex have a custody agreement but yet on my legal days she will not allow me to have him. How can she do that, and what are my rights? I do not feel I should have to pay child support if I am not being given my court ordered time. I also was wondering who is responsible for travel payment, because she moved out of state and will not pay to fly him to me for my legal days, she says I need to either pay to fly him out here or I can drive to Northern Arizona to get him if I want him on my legal days, can she do that?

Answer: Under Arizona law, child support and visitation are considered separate issues by the court.  Lack of visitation does not excuse failure to pay support.  If your ex is not honoring the custody agreement and if she moved without your permission or court approval, you will need to go back to court to obtain orders from the judge ordering your ex to comply with the custody agreement.  You can also ask that she be ordered to pay travel expenses.  It may be in your best interest to talk with a lawyer for a modes fee to outline your rights and your options.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.

QUESTIONS

  • Me and my ex have a custody agreement but yet on my legal days she will not allow me to have him. How can she do that, and what are my rights? I do not feel I should have to pay child support if I am not being given my court ordered time. I also was wondering who is responsible for travel payment, because she moved out of state and will not pay to fly him to me for my legal days, she says I need to either pay to fly him out here or I can drive to Northern Arizona to get him if I want him on my legal days, can she do that?

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  • State Bar of Arizona
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