Legal Question in Family Law in Arizona
My wife and I (step father) have sole legal custody of 2 minor children. The real father is supposed to get the children for 1 month in the summer. He is in AZ we are in Tx. There is no order yet that says who initiates the kids travel but we have always taken it upon ourselves. The father owes us a significant amount from previous travel that he has yet to reimburse. Current order only says he is respondsible for 62% and mother the rest. We received an email from him stating that he will pick them up at this day and time and it was up to us to get them back home. Can we hold the children (who leave in 2 weeks) from him until we get something stating how they will be returned (letting us be the ones who reimburse) I know the court will always side in the best interest of children so them being stranded out of state seems not very good interest for minor children. BTW we have filed a motion to fix current order to be more exact but wont have an answer till after his pick up date.
1 Answer from Attorneys
Are these Arizona orders? IF SO, my advice would be to NOT simply deny access, but to send a demand letter to him through an attorney, and then to petition the Court for appropriate remedies.
We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
We have three attorneys. We charge from $220 per hour to $250 per hour. Our retainers can run as low as $500 for demand letters/phone calls, $1200 plus costs for uncontested matters, or from $2,000 to $4,000 for most contested matters. We can also structure assistance to help you represent yourself if your prefer, whether by the project or by the hour.
Please remember that a retainer is just a prepayment of time, and is not an estimate as to the total costs of the matter. If I finish within the retainer, then I refund any unearned amounts.
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 Alicia 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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