Child Custody

questions & answers

Question: My 10 year old's mother moved to NY. She did so without notice and has no intent of wanting him to move there. We currently have joint legal custody. How do I ensure that when he visits she will return him as agreed upon and that it doesn't look like I willingly sent him there for more than a visit? Also, can she sign to give me sole decision making and physical custody since she is not here to make major decisions regarding school, health, etc.?

Answer: You have the right under these circumstances to go back to court and ask for sole legal decision-making.  You can find the forms online on the Superior Court's website in the self-service center.  Anything you do regarding custody is best done through the court.  If you would like to talk with a lawyer and get some advice tailored to your situation, be sure to take your decree and custody papers to the meeting.  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.

QUESTIONS

  • My 10 year old's mother moved to NY. She did so without notice and has no intent of wanting him to move there. We currently have joint legal custody. How do I ensure that when he visits she will return him as agreed upon and that it doesn't look like I willingly sent him there for more than a visit? Also, can she sign to give me sole decision making and physical custody since she is not here to make major decisions regarding school, health, etc.?

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  • State Bar of Arizona
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  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
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