Child Custody

questions & answers

Question: My ex and I have 50/50 custody. She frequently fails to pick up the children for her custody periods. Recently she dropped them off at school and told the school that I would be picking them up (again, her custody period). Obviously, I don’t mind having the children, but it is hard to manage impromptu scheduling changes in addition to the fact that I pay child support. What can I do?

Answer: If you believe your ex is violating a court ordered custody agreement, you have the right to go back to court and ask the court to modify the agreement to give you more parenting time based on her failure to spend her time with the children.   (A.R.S. 25-411).  Of course, she also has a right to respond and counter your arguments. If this is a problem you may want to sit down with a lawyer and talk about your best 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.

QUESTIONS

  • My ex and I have 50/50 custody. She frequently fails to pick up the children for her custody periods. Recently she dropped them off at school and told the school that I would be picking them up (again, her custody period). Obviously, I don’t mind having the children, but it is hard to manage impromptu scheduling changes in addition to the fact that I pay child support. What can I do?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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