Legal Question in Family Law in Arizona
Mother is CP living w/children 10 and 12 in Montana. Divorce was in AZ where non-CP father lives.
What if the 10 year old daughter does not want to visit father for a week as was agreed in the court order?
I read somewhere that Mother must facilitate the visitation- she drives them to Utah where he picks them up.
But what of she refuses to go with him when she gets there??? Can he just drag her away??
The child has traumatic fights with the Father before and says she is "uncomfortable" with her Father. He does not follow court ordered phone contact 3x a week.
1 Answer from Attorneys
The best move is to SEEK A MODIFICATION to the current orders. If the Judge can be convinced that visiting Dad will be contrary to the child's best interests, then the Orders will be modified. AND, Mom should act carefully to insure she cannot be accused of discourageing the relationship between father and child.
We can certainly help you consider and then pursue your options for modification. This is obviously a very important matter, and you should not go in alone.
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
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