Legal Question in Family Law in Arizona

Child custody..First right of refusal (caretaker of choice) in the state of arizona. The ex wife wants me, the person excercizing caretaker of choice, to pick up the kids from her and drop them off to her once she returns from work. Nothing in the decree specifies who will drop off and pick up the kids when excercizing the caretaker of choice clause....how I feel it should be, is that she should drop them off and pick them up from me, as I have become the caretaker on HER parenting time. What I have actually been enforcing as I felt it was most fair, is what we do on our normal parenting days. I pick the kids up from her at the start of my parenting time, and she picks the kids up at the start of hers. She still disagrees with this and feels that if I am excercizing the caretaker of choice clause that I should be the one to pick up and drop off to her.....are there any set laws on transportation when it comes to caretaker If choice?


Asked on 11/05/14, 8:46 am

1 Answer from Attorneys

Michelle Scopellite Goldstein & Scopellite, PC

You will need to hire a qualified custody attorney and go back to court to modify your current orders and to clarify these issues.

I find that these types of custody issues will not get better, they will get worse over time.

Apparently the attorney or person who drafted your first order did not fully understand custody issues and did not include orders that could have resolved issues like this. You will now need to have this done or there will never be any clarification to live by and based on what you wrote, it is ad lib.

Also based on your increase in parenting time, the child support obligation could be modified if you go back and modify the current custody orders.

We have qualified custody lawyers who can assist you with your custody matter at either one of our law offices located in Dallas, Texas and Tucson, Arizona - Goldstein & Scopellite, PC

www.LawyersDallas.com and www.Lawyers-Tucson.com

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Answered on 11/10/14, 3:22 am


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