questions & answers

Question: My ex wife & I have shared custody of our 2 boys 9 & 11. I have been off work for over a year due to seizures, psoriatic arthritis and back problems & depression. I'm presently waiting to see if I can get on disability. My ex brings the boys to me on weeks I have them. I can not drive due to seizures. She recently sent me a nasty text telling me if I only knew what's coming and she'll take boys from me. What are my rights? She was diagnosed with bi-polar disease and I worry about my boys. I want the best for them but can she take them away from me? . I love them so much. Thank you

Answer: In order to "take the boys," your ex will need to go back to court and ask the judge to modify the joint custody order (The courts now call custody "legal decision-making.").  She would then need to serve you with the papers.  You would have an opportunity to file a written response.  The judge would then set a hearing where he or she would hear evidence from both sides.  The judge may require mediation.  If she does follow through with her threat and files a motion to modify, you can either respond on her own or get a lawyer to assist you.  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.