questions & answers

Question: My husband is in the army and we are getting ready to PCS out of state. He has joint custody of his 6 year old son with his ex, neither of them are listed as the primary parent. However, we have him 90% of the time and want to take him with us. He basically just sleeps at her house 2 nights a week and every other weekend. We feel like we have a really good case for multiple reasons that I can't put down with this character limit. His ex is aware of the move & wants their son to stay here. My question is, whats the best way to go about filling this w/the court because we cant afford a lawyer.

Answer:

The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly.

Either parent may request in writing that the court modify a custody order. A.R.S. § 25-411. To change an existing order it must be shown that the best interests of the child are served. The request is filed with the Clerk of the Superior Court and a fee for filing is charged; however, there are limitations on requesting a modification. For example, a request may not be filed for one year from the date of the earlier order, unless there are special circumstances seriously endangering the child's physical, mental, emotional or moral health.

If the parent with whom the parent's child resides a majority of the time receives mobilization orders from the United States military that involve moving a substantial distance away from the parent's residence, special rules may apply. If there is a dispute about custody, the court sometimes refers the parents to internal court mediation services. This process gives the parents an opportunity to reach an agreement regarding custody and related issues; however, if the parents are unable to agree on custody, the court will decide for them.

Refer to the Child Custody Article on this site for a helpful explanation of child custody. To seek legal advice for free or reduced reduced rate, contact the Legal Learn Center at www.AZLawHelp.org.