questions & answers

Question: My ex-wife and I are going through a divorce and currently we have temp orders for our children. We currently have 50/50 shared joint legal decision making. The orders state supervision around her sister at all time. This is because of a drug issue. I initially filed for 50/50 and no visitations with her sister. My wife asked for sole custody. I feel it is in the best interest of the children to not be around her sister due to the drug problem. How will a judge look at this because her sister is not the one I am divorcing, but she is already in the temp orders and the kids are around her?

Answer: This is tough to answer because it is impossible to predict how the evidence will be presented to the judge.  When the kids are around the sister, is your wife also there?  If that is the case, the judge may have no objection.  If your wife leaves the children alone with the sister when the temporary orders state supervision around the sister, the judge may consider your wife to be violating his or her orders.  Every thing in family law depends on the specific facts and people involved in each case.  The judge may want to know how much time your wife spends with the sister, whether the two are living together, and if there are other responsible adults present when the children are in the sister's company.  Sitting down with a lawyer who can ask specific, directed questions about the situation may help you decide a course of action.  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.