Divorce & Annulment

questions & answers

Question: How can my ex-husband file court papers changing the custody orders made with our divorce, stating that i can not take my son out of the county they live in. hes not even his son. its a long story and i need help getting my kids back.

Answer: Arizona law defines “legal parent” as “a biological or adoptive parent whose parental rights have not been terminated.” A.R.S. § 25-415(G)(2). If the ex-husband adopted the child during the marriage (which would give him the status of a parent), or if he has been granted a status equivalent to that of a parent because he forged a bond with the child during the marriage. A.R.S. § 25-415(G)(1). Such a person (referred to as one who stands “in loco parentis”) may ask for visitation rights or even custody if certain conditions are met. A.R.S. § 25-415(A) and (C). Otherwise, however, a non-parent generally has no right to get involved in a decision like this.