questions & answers

Question: My ex-wife has sole custody of our 14 year old daughter, and i'm pursuing sole custody. She remarried a felon with bad criminal past, and has 2 new babies with him. The 5 of them live in a 2 bed apt. Our daughter is sick all the time with numerous health problems, has excessive absences from school, and failing grades.I'm deeply concerned for her mental, emotional, physical, and moral health. My ex isn't giving her proper visitation with me. I live out of state and feel powerless until a court ruling can be made. I want action immediately. Does this merit an emergency post decree modification?

Answer:

AZLawHelp cannot advise you whether or not your circumstances justify an emergency modification.  It is important in any dispute over custody matters to understand what Arizona law requires.  A modification of a legal decision-making order may be requested unless there has been a decree within the previous year.  Even if there has been a decree within that time period, however, a court might permit a modification request if "there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health."  A.R.S. 25-411.  To determine how best to proceed with a modification request or to determine whether specific circumstances justify an emergency temporary order, it is best to consult with a licensed attorney familiar with family law matters.