Legal Question in Family Law in Arizona

I have sole legal decision making authority and primary custody of children with restricted visitation to the mother who moved out of state. I had stated in a court document that "the father (me) will be notified no less than 72 hours prior to unscheduled visitation." She is taking that as she can come from out of state and remove my children from any location taking them into her custody and returning them at her times or discretion. Is that a reality or is that highly illegal if I do not agree. I obviously need to be more specific with the wording and get that modified. However, until then one day from now my children start school. She is tellling me she will come and take them after school and return them when she chooses doing the same thing after school on thursday. I am wondering if because i was awarded sole custody if this is something I could contact local law enforcement with after my kids are taken. She is giving me 72 hours and thinks that means agree or disagree she cn come get them from anywhere anytime as long as she has told me not asked me.


Asked on 8/04/14, 12:30 pm

1 Answer from Attorneys
Annette Cox Law Office of Annette M. Cox, PLLC

I would suggest considering getting a parenting coordinator involved. They have quasi-judicial authority, and while they cannot "change" parenting time orders, they can help you and the Mother reach an agreement as to what the parenting time order means. The parenting coordinator can also send reports directly to the Court/Judge with recommendations about what should be done. The other option is to simply file a petition to modify parenting time, which can be done at any time if it impacts the best interest of the child(ren). I would suggest consulting an attorney either way. Our Firm offers free 1/2 hour consults if you are interested. Just call 480.366.5780 to schedule a time. Good luck to you and your family.

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Answered on 8/05/14, 9:43 am


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