Legal Question in Family Law in Arizona

Modifying a court order

In current court order I have sole

custody of my daughter and her

mother gets her one day every other

weekend with no overnights. it is

also order that mother not have

daughter around her live - in

boyfriend. so i have 2 questions

1. There is no pick up or drop off

times.. i try to do it verbally but the

mom doesn't cooperate.. she always

brings her home late.. and she never

calls so i end up sitting at home

waiting.

2. mother has picked up daughter

with Boyfriend in the car.

Can i request that there be specific

pick up times and drop off times? Do

I have to see the judge or can i

modify the current court order?

also do i have to get a restraining

order on the boyfriend... even though

it is court ordered that mother not

have daughter around boyfriend.


Asked on 6/09/08, 3:54 pm

1 Answer from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Modifying a court order

You cannot modify the parenting plan without a court order or the other party's agreement. The current order will indicate whether you are required to seek mediation prior to filing an action to modify (clarify) the exchange times in the plan.

Prior to getting the Order of Protection, you can also ask the court to clarify that the order prohibiting contact with the boyfriend extends to transportation, not just the visit itself.

Read more
Answered on 6/09/08, 4:44 pm


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