questions & answers

Question: My daughter(12yo)and I are survivors of Domestic Violence. I was awarded sole custody of my daughter. For the past 3&1/2 years my ex-husband has continued to violate our parenting plan. He continously blames me for his choices and his daughter as well. Last week he blantently violated the parenting plan by leaving my daughter at our apt's alone. Our parnenting plan states specifically we are required to exchnge her at McDonalds at 7pm. What legal recourse do I have?

Answer: The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly. http://azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=129 . Either parent may request the court to modify a custody order. It must be shown that the best interests of the child are served in order to change an existing order. Under ARS 25-411 http://www.azleg.gov/ars/25/00411.htm , a request may not be filed for six months from the date of the earlier order unless the “modification of the order based on the failure of the other parent to comply with the provisions of the order.” You can also read the article on child custody http://azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=68 , which contains the booklet “Things You Should Know About Custody and Parenting Time,” found at AzLawHelp.org. For information about legal aid organizations please see the article on “Where to Find an Attorney for Specific Legal Advice” http://azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=129 .