Legal Question in Family Law in Arizona

I am the sole custodial parent of my son. Recently, the father of my son moved out of state. He has stated that he has signed over a power of attorney to his mother. My question is, as a non custodial parent could he give his mother his visitation to allow access to my son, without my consent?


Asked on 12/02/09, 8:02 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Generally speaking, the father cannot "delegate" his parenting time to his mother. That doesn't necessarily mean that the grandmother should not see your son; however, there is not a presumption that she steps into the father's place. It might be appropriate to ask the court to modify the orders to reflect what the father's actual parenting time will be, and then have separate arrangements for the grandmother to spend time with your son.

I hope this information is useful!

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Answered on 12/07/09, 9:41 pm
Rich Peters R.J. Peters & Assoc., P.C.

He cannot simply assign his parenting time to his parents over your objection.

We can certainly help you consider and then pursue your options.

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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ 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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Answered on 12/08/09, 12:52 pm


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