Legal Question in Family Law in Arizona
parental interference/kidnapping
my ex-husband and i have joint custody and would send him to him every summer from AZ to CT. one summer he did not return him and after a few months had his number changed to an unlisted number and broke off all contact my son had with my family in CT including his grandmother. i write every month and the letters never come back but i get no response and the last contact my mother had with them she was told they did not want me to even call my son from AZ because they were afraid i would steal him back from them.(joint custody but i have physical custody). i know where he is now and was told to go get my son back before filing any legal action against my ex-husband..my question is what legal rights/ramifications do i have. this has been a very long and heartbreaking experience for both my family and myself and have no idea what they are telling my son as to why there is no contact..i love him and can't imagine life without him and fee it was a cruel and unwaranted act on my ex's part. please help me i am desperate.
2 Answers from Attorneys
Re: parental interference/kidnapping
If you have an order for physical custody, you can get a certified/exemplified copy of the order from the court here, take it to the court there and register it (according to whatever their legal process is), and then take the police with you to retrieve your child. Once back here, you can ask the court to modify the orders to sole custody, and forbidding visitation out of AZ (based on the previous violation of the parenting order). The court is required to act in your child's best interest. You may also want to start your son in therapy as soon as you return, as he may resist you at first.
Re: parental interference/kidnapping
Sent 1/30/2004
It is my opinion that you must absolutely take immediate Court action, so that you cannot be accused on "consenting by inaction" to his unilateral acts.
I can explain the necessary 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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