Legal Question in Family Law in Arizona
Court Order - Out of State Parenting Time
My ex to be left Arizona 3 years ago with a crystal methane problem. Literally disappeared. His attorney (who has now withdrawn from the case) requested visitation for spring break, court isn't until April 3rd. i have filed emergency papers to stop this. My motion was 28 pages long. Proof of drug use and use in front of my child, credit report showing not 1 single thing since beginning of 2004. I've begged and pleaded with the judge for information. I have no proof he is clean, no proof of residency, no drivers license information, no vehicle information, I've contacted the police here and in Florida and they stated filing an ambert alert will be really tough with no information. I'm suppose to put my son on a plane Friday and have literally gone to the extreme of calling the local police department to find out if I get arrested on Friday for violating a court order can I bail myself right out. HELP!
2 Answers from Attorneys
Re: Court Order - Out of State Parenting Time
I feel there is info you have left out. Is your ex asking for Spring Break now or has his lawyer filed a motion? If your ex has not taken parenting time then why is he suddenly asking for time? If you filed an emergency motion, has the judge ruled yet?
There are too many questions here for a lawyer to give you an outright position on this.
Re: Court Order - Out of State Parenting Time
You should consider hiring an attorney. It is not clear from your question whether the court has entered an ORDER OF PARENTING TIME or whether the father has filed a motion REQUESTING PARENTING TIME. If there is no ORDER, you are not obligated to send the child just because the father has asked for visitation. Before you send the child you are entitled to know from the father, a contact phone, the address where the child will be staying, and a general itinerary. Father should be able to provide you with all this information, you can try calling the phone number to check, too. You could, also, set up a daily check in phone call/visitation schedule with the father, where you would be calling the child. You didn�t mention the age of the child, but 7,8, or older are often responsible enough and should be given the information, instructions, and memorized phone numbers about calling you if there are problems. GOOD LUCK