questions & answers

Question: My ex husband commuted domestic violence against me, got charged with a felony false imprisonment charge, was put on probation and got ordered supervised visits through family court, his mom was the supervisor and he gave up visitations and didn’t contact us or go to court for close to two years, all of a sudden he wants 50/50 custody I got awarded sole legal decision making and he was re arrested for assault on a new girl friend but charges were dropped, will the court give more than supervised visits back?

Answer: You did not say if he has actually filed a petition to modify the custody (now called legal decision-making) order.  If he has, he will need to serve you with papers and you will have the opportunity to respond and request a hearing.  At that time, you can present evidence that supports your position.  If you believe he is serious about going back to court and if you think he poses a risk to the children, it would be a good idea to talk to a lawyer.  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.