Legal Question in Family Law in Arizona
I live in arizona and have joint legal custody of my 11 year old daughter. My exwife has decided to home school our daughter and I am very worried she is not getting the education she needs and deserves. I have been fighting my ex to get our daughter into school but she refuses. What are rights regarding this situation? Also I was wondering what recourse I have when she takes my daughter out of state in clear violation of our custdoy agreement?
2 Answers from Attorneys
If you have joint custody and she has changed the educational status of your child without agreement then she is in violation of the agreement. If you disagree with her then you have a right to seek mediation(and might even be required to do so per your parenting plan-you should review it) and file a petition to enforce on the issue.
As for taking her out of state, you have the same recourse, a petition to enforce.
You can ask the Court to force her to return the children to school. You can also seek a modification to the current orders so that YOU get to make the educational decisions from now on.
If she has violated the Decree in other manners (i/e/ out of state), you can seek sanctions for doing so as well as a modification.
We can certainly help you consider and then pursue your options. Please remember that a retainer is just a prepayment of time, and is not an estimate as to the total costs of the matter. If I finish within the retainer, then I refund any unearned amounts.
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 Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. 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
seek enforcement or modification of the jint legjusidicial