questions & answers

Question: my husband and his ex wife have joint custody of there son. the ex wife has now moved out of state and gave 24 hour notice . does she have any rights to her court order any more ? we are planning on filing a change of custody soon but she feels she still has rights . when all she is doing is more harm to our son by coming in and out of his life all the time and not helping with paying her support and she is back in her support about 15k .

Answer: The custody order issued by the court granting joint custody (now called legal decision-making and parenting time) is the controlling document in this case.  That means until the court orders otherwise, mother retains her custody rights.  If the order has been in place for a year, you can ask the court for a modification as set forth in Arizona revised Statutes, Section 25-411.  You can find the forms to request a modification of legal decision-making and parenting time on the website for the Arizona courts in the self-help section.  Go to https://www.azcourts.gov/familylaw. If you anticipate serious opposition, you may want to consult an attorney for assistance.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means offers a one hour consult with an experienced attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625.