questions & answers

Question: We have a custody order that is 9 years old and never been abided by the child suppose be with me on weekends and dad in the week but has lived with me for couple years now we have never went by the order now I’m engaged he is trying to enforce it is the order still good

Answer: Custody orders, (Custody is now called legal decision-making.), remain in effect until and unless one of the parties goes back to court to change the order.  A.R.S. Section 25-411.  You have the right to go back to court and ask for a modification of the order based on his lack of interest in the child over the years and the child having lived with you.  You can find the forms and instructions you need to ask for a modification of legal decision-making and parenting time on the court's website.  Go to:  https://www.azcourts.gov/selfservicecenter/Family-Law-Forms.  You may also want to discuss your case with a lawyer to decide the best course of action.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You wil need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is  $75 per  hour.  The telephone number is (866) 637-5341.  Both Maricopa and Pima Counties have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers its 30 minute consult with an experienced attorney for $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.