Legal Question in Family Law in Arizona
Grounds for Emergency Full Custody?
My ex-husband and I have 50/50 joint and legal custody of our 3 1/2 yr old. My ex has deviated from the parenting plan indicated in our divorce papers, whereby I have had 90% custody of our son for the past 3 months. Daycare cannot reach him in emergencies (voice mail is full or no answer); this has happened on more than one occasion during his day to have our son. I am always available and leave to pick him up. He has been forgotten at daycare more than once, left there for more than 10 hours a day on his days. Not to mention, our son is dropped off by random girlfriends that I do not know, at odd times. My son has also mentioned he sleeps on the ''floor''. Is this grounds for emergency/temporary custody orders? He never wants to go with his father.
1 Answer from Attorneys
Re: Grounds for Emergency Full Custody?
This is not grounds for emergency custody. You are really talking more about parenting time than anything. I suggest you move to modify parenting time and file a motion for temporary orders.