Legal Question in Family Law in Arizona

Hello,

I am trying to get my daughter back as I am the sole guardian of her as decided by the judge in my divorce.

I recently relocated to Arizona and allowed for my daughter to be taken to Texas to live with my sister and her husband until I could get on my feet. My mom picked her up at the Tucson airport the end of July and transported her to Texas. Since then I have just found out that the lady that was babysitting my daughter has her living there and she is no longer living with my sister. According to my mom she has been living there for a few weeks. I, however just found out and do not approve. I don't know this lady and have never met her. She is unwilling to cooperate with me unless my parents tell her to. They pay her also, which is a part of her poor decision making. I have been trying to get her back but no one will give me the physical address of where my daughter is residing.

I am poor and all I can afford is a bus ticket for both me and my daughter. Me roundtrip and my daughter one way. The only problem is is that they will not bring her to me once I get there. I have asked for her to be returned to me or for me to pick her up and they say go ahead, but wont' give me an address where she is.

Is this legal? I've contacted the Leonard, TX police and requested that they look into the situation and stop by the residence to make sure my daughter is ok and they told me they don't do that nor do they do civil standbys and that I would need a lawyer.

My parents have been paying my rent here, but are not willing to pay anymore. I will not be able to get a job if I am homeless, but if I have my daughter with me I can get assistance and get into transitional housing. I have friends that we can stay with if my parents quit helping. Regardless, if I don't get my daughter soon I may never see her again. I am the one that is named on her birth certificate and I am working on getting a copy of the final parenting plan that was passed/signed by the judge.

Can you help me? Or give some advice?


Asked on 9/12/09, 11:44 pm

1 Answer from Attorneys

Jeanne Whitney Whitney Law Office

Dear Mom: You need to contact the Court where the Custody Order was entered and immediately get a Certified Copy of the Order, which you might have to pay for. You'll need it.

I recomend you contact Legal Aid for assistance at

http://www.azlawhelp.org/

It may be they'll walk you through the process of getting your child back, if they aren't able to do the legal work for you.

Good Luck

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Answered on 9/18/09, 11:58 am


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