questions & answers

Question: How do I change a custody agreement so that I now have full custody as my ex-husband is no longer fit to have full custody? I had issues with depression and alcohol so he has full custody now and I’m supposed to just have supervised visits but we are reconciling and live together with the kids. I have since turned myself around completely and am sober and managing my depression. He is unfortunately in a constant state of relapse currently and repeatedly being taken to a hospital or treatment facility. He is the one working and making money but I take care of the kids 24/7.

Answer: If I am understanding your question, you and the father of your children live together.  He has sole custody, but you take care of the kids.  I am sure you understand that going back to court to request a modification of the custody order may make him angry and upset your current living situation.  There is no way to ask for a custody (now called legal decision-making) modification without serving him with papers.  I think it would be in your best interest to sit down with a lawyer and go over the facts of your situation.  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 need 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 hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 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