Child Custody

questions & answers

Question: My daughter is 15 years old. She doesn’t want to visit her dad anymore because he never took care of her and was abusive. What can I do?

Answer: You have the right to go back to court and ask the judge to modify the custody and visitation order if it has been more than a year since the last custody order was entered (A.R.S., Section 25-411).  The courts now call custody "legal decision-making."  They call visitation" parenting time".  At 15, the judge will most likely allow your daughter to express her concerns and misgivings about spending time with her dad.  You can do this on your own, but it would probably be a good idea to at least talk to a lawyer, lay out all the facts of the case, and get some advice.  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.