questions & answers

Question: My ex wife is living with a convicted felon. Is there a way to compel her to give his criminal history? Also they had a dv incident several months ago where both him and her were charged but charges were dropped. Is this relevant for child custody? I do not want this man around my children.

Answer: Family court is reluctant to modify custody (now called legal decision-making) within the first year after the divorce.  However, Arizona Revised Statutes, Section 25-411 allows you to file a motion to modify legal decision-making and parenting time (custody and visitation) arrangements once that year has passed.  You would need to file a motion in family court in the county where the divorce decree was issued.  Your motions would spell out the reason for the change (felon and DV).  The court would likely ask your ex for information about both issues.  The court will consider the type of felony.  Tax evasion or fraud would probably not alarm the court.  However, convictions for violent crimes would be viewed differently.  If you need help filing your motion, 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.