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.
1 Answer from Attorneys
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.