Legal Question in Family Law in Arizona
My ex husband and I have joint custody of our son. My ex husband came to my house today and told me he is going away for a while -- wouldn't tell me where or for how long. He has a past of mental issues (bipolar) and refusing medications. He was very vague. I also pay child support and spousal support because he does not work. He informed me that he was signing power of attorney over to his parents, including his custody rights. Can he do that? I am his biological mother and able to take care of him 100% of the time. Also, how can I go about requesting the courts to stop the support payments?
2 Answers from Attorneys
If the parenting time arrangements will be modified on a substantial and continuing basis, it may be appropriate to ask the court to modify the orders to reflect the new arrangements, and to modify your child support obligation to take the parenting time revision into account.
Generally speaking, he cannot delegate his custodial rights to a third party, although it may be appropriate for his parents to continue to maintain a relationship with your son for his own benefit.
I hope this information is useful.
He cannot simply "assign" his parenting time to his parents. Also, you are certainly entitled to seek a modification to support orders if Dad is going to relinquish his parenting time.
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
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