questions & answers

Question: My kids father and I have joint legal custody and he has visitation every other weekend from Friday to Sunday. He constantly moves and now his current apartment is a 1 bd 1 ba. His parents and daughter live with him. So once our 3 kids are there that is 3 adults and 4 kids in this place. My kids told me they sleep on the floor, on a couch, or even in a large walk in closet. Also for the second time they have come back with bug bites all over their legs, arms, and even faces. What steps I can take so they are only can only be there during the day until he changes his situation?

Answer:

Generally, either parent may file a petition to modify an existing child support or custody order when they think the current arrangement is not working. More information on parenting time and custody arrangements can be found in “Child Custody ,” available online here  (http://azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=68).

A request to modify custody would be submitted to the court that originally heard the case. If the other parent files a request for modification, then the court would contact both parents to schedule a hearing and make any determinations or changes based on information presented at that hearing. If no such child custody agreement exists (i.e.: because the parents decided legal and physical custody without any court orders), then the request to modify becomes more complicated.

If the children are also in any danger or are staying in unsanitary conditions, it may be a violation of the law as well. Under Arizona law, a person having custody and care over a child cannot place a child in any situation that may cause physical injury or abuse, or that may cause harm to the health and or moral welfare of the child. (see A.R.S. § 13-3623(B) (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03623.htm&Title=13&DocType=ARS) & A.R.S. § 13-3619 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03619.htm&Title=13&DocType=ARS)).
 
To find out how the law applies to a specific situation, contact an attorney directly.