Legal Question in Family Law in Arizona

Change of custody ASAP

My Ex has custody of our three children and one of them is hitting her and defying her demands she want's me to pick him up to live with me today but what can I do to protect myself from arrest or legal action when I do so and she tried saying I kidnaped him or something she is seriuose about this but she has flaked before and I want to be protected. Need help fast!!


Asked on 11/24/06, 5:56 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Change of custody ASAP

You and your ex are permitted to agree to a modification of the present parenting time arrangements. The paperwork can be relatively simple, and would spell out the agreement for the kids to live with you and visit with her. This can then be submitted to the court, and it will become the new court order.

We offer a free initial consultation, so please contact our office to schedule a time to speak with one of our attorneys about the details of your case.

Sincerely,

Monica Donaldson

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Answered on 11/24/06, 7:32 pm
Jeanne Whitney Whitney Law Office

Re: Change of custody ASAP

Talk with your ex about what she expects and explain to her that if the child�s visit will be for more than a day or two, that you think it would be a good idea to put the changes in custody & parenting time/visitation in writing. You can be responsible for the writing part. 1. Will this change the child support amounts? You can do a quick check yourself on the Supreme Court website at http://www.supreme.state.az.us/childsup/. If there should be a change & you want the change, be sure to discuss with your ex�maybe she doesn�t want the change of custody after all. 2. Be sure to cover change of custody, who will be making major decisions for the child�s education, religious, & medical needs. When will ex have visitation with the child, who is responsible for pick up & delivery? If everyone has access to phones and/or e-mail, make sure that frequent contact or scheduled time each week to talk. 3. You can hire counsel or consult with an attorney. Can the attorneys who did the divorce help? You can also file a written agreement to change custody with the court that did your divorce. Free forms are available for download at http://www.supreme.state.az.us/nav2/selfserv.htm. The Maricopa County site has a Change of Custody form. If you don�t live in Maricopa County, just change the heading to the county you are filing in. 4. If you both agree to a change of custody, but can�t agree on the details, you should get an agreement in writing to change custody and then request Mediation with the court to settle visitation specifics. Mediation does NOT deal with child support. Good Luck.

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Answered on 11/26/06, 2:12 am


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