Legal Question in Family Law in Arizona

Mom is denying custody/visitation

I am a divorced father of over 3 years now. Everything has been fine with custody until recently. My ex- and I legally have joint custody of our 4-yr-old son, but she is the primary custody, and this weekend - which should have been my ''alternate weekend'' to have him - she just decided to keep him (pick him up from the sitter before I got there). The police tell me there's nothing I can do, since the papers don't specify a date, just ''alternate weekends.'' What is my next step? I'm worried this is going to become a regular occurance if she realizes there are no consequences to totally disobeying the court order.


Asked on 1/16/04, 9:58 pm

2 Answers from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: Mom is denying custody/visitation

Sent 1/19/2004

There are a number of steps you could take. The most formal is to file for Modification/Clarification of your current orders. You could then add whatever provisions are necessary to make your orders enforceable. You could also simply approach her, or have an attorney do so, and obtain a written agreement as to a clarification of the weekends.

I have also prepared for other clients a simple "Notice of Non-Compliance", and filed such with the Court, which simply puts the world on notice that we believe she has violated the Court orders, but without, THIS TIME, asking for any specific remedy.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 1/19/04, 12:00 pm
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Re: Mom is denying custody/visitation

Well, she is obviously in volation of a court oder. Usually the police will not get involved. She needs to hear from someone immediately on this issue. Perhaps a legal letter will convince her that her behavior can result in the loss of custody of her son. If she continues the behavior, you need to put this issue in front of a judge. That is your remedy.

Let me know if there is anything I can do to assist you.

Ronee Steiner

602-999-5555

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Answered on 1/17/04, 9:01 am


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