Family Law

questions & answers

Question: If the other parent signs a typed letter and has it notarized granting the other parent sole custody while maintaining supervised visitation and has it filed with the court is it legally binding?

Answer:

A.R.S. section 25-411 (http://www.azleg.gov/ars/25/00411.htm) explains the process for modifying child custody.

The court will modify an order granting parenting rights whenever modification would serve the best interest of the child. Then, when the person submits an affidavit setting forth detailed facts supporting the requested modification, the court shall decide to grant the order or not. Typically, judges will accept decisions that both parents agree on. Nonetheless, the letter must contain a parenting plan and be filed with the court or it will not be considered legally binding.

For more information, visit the Child Custody Article at http://www.azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=68.