Legal Question in Family Law in Arizona

It is never too early or too late to get a custody order from a court of law. I would petition the court (the Superior Court of the county in Arizona where you live) for an initial custody determination. In the meantime, no, neither parent has the right to "seize" the child or refuse to return them to the other parent at the agreed upon time. If the two of you could write up your own agreement and have it notarized reflecting what the two of you have agreed to out of court, that would be very helpful. You could also submit a copy of that to the court with your petition to establish child custody, and it will make it much easier and quicker to get a judge to sign off on a custody/parenting time plan. You may want to consult with a seasoned family law attorney to help you through the process. Best of luck!

It would certainly be preferable to have a Court Order in place before the exchange. If not, AT LEAST a signed agreement.

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

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Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia 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

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