Legal Question in Family Law in Arizona

My daughter has lived with her dad for 3 years at her own choice. she comes over every weekend and i have her most of the time when she is out of school. all the paperwork i have states that i have sole custody of her. we never went to court when she decided to live there. now she wants to live with me and he wont let her. what are my options or what can i do?


Asked on 5/02/10, 11:09 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

He can't "won't let her." You have sole physical custody and you can exercise that at any time. If we wants to see that changed, he would need to ask a court to modify the parenting agreement. If he has custody of her and won't return her at your request, that is kidnapping. I would report that to the police and show them your paperwork. Then you will want to file a motion to enforce the parenting agreement and ask for sanctions for his non-compliance.

Best of luck to you!

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Answered on 5/09/10, 8:22 pm
Rich Peters R.J. Peters & Assoc., P.C.

There are 2 ways to handle it.... very aggressively or very appropriately. I prefer the idea of filing a Motion asking the Court to return the situation to match the current orders. BUT, you also could just keep her as others have advised you.

We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 5/11/10, 5:57 pm


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