Child Custody

questions & answers

Question: My ex girlfriend and I have a 2 year old son. We were never married. Shortly after we broke up she started seeing a convicted pedophile..she was taking my son to see him in the prison without me knowing. Now she lives in another town about 3 hours away from me and again didn't tell me. And she was also supposed to let the court know when she found herself a job, she never notified the court and she also never told them she was moving. With the fact that she moved and has my son around a pedophile, do I have enough evidence to show why I should get sole custody of my child?

Answer:

Your statement that she never notified the court that she was moving leads me to assume there is a court order on custody (legal decision-making) in place.  If so and if you have joint custody, Arizona law (A.R.S. Section 25-408) requires that before moving, she was to give you 45 days written notice that she and the child were relocating more than 100 miles away. That notice was to give you time to file an objection in court.   If she has sole custody, the law is less clear.  You have the right to go back to court and seek a modification of the custody order pursuant to A.R.S. Section 25-411.  You should at least talk to a lawyer, take all your paperwork to the meeting and figure out your best option.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will lneed to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is  $75 per  hour.  The telephone number is (866) 637-5341.  Both Maricopa and Pima Counties have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers its 30 minute consult with an experienced attorney for $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.

QUESTIONS

  • My ex girlfriend and I have a 2 year old son. We were never married. Shortly after we broke up she started seeing a convicted pedophile..she was taking my son to see him in the prison without me knowing. Now she lives in another town about 3 hours away from me and again didn't tell me. And she was also supposed to let the court know when she found herself a job, she never notified the court and she also never told them she was moving. With the fact that she moved and has my son around a pedophile, do I have enough evidence to show why I should get sole custody of my child?

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  • State Bar of Arizona
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