Legal Question in Family Law in Arizona

Custody dispute

My fiancee had two children with her ex-, one is currently 7, the other is 3. He has has custody of the eldest for a couple of years, and has recently filed for custody of the youngest. At the time that he filed, the mother was in violation of her probation, so she could not respond to the issues at hand, thus he recieved custody. We are now wanting to gain custody of both children. They are living in an unsafe environment and we are able to provide better support. She is currently on unsupervised probation for a drug charge. What are our options? Can we/she get at least joint custody for now? Should CPS be involved? At what point should a attorney be contacted?


Asked on 5/31/04, 11:23 pm

1 Answer from Attorneys
Chuck Saigh

Re: Custody dispute

Your question is confusing, you state that you have custody of both children then you state you want to get custody? If you want to modify the current custody agreement you will need to get a court order. As for CPS, if you feel the children are in danger, you call call CPS anytime you want. I would ask the court for for want you want as soon as possible. If the children are in harms way, this may be the best time to act. As for an attorney, if you do not know what you are doing, you should contact an attorney. Good luck

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Answered on 6/01/04, 7:38 pm


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