questions & answers

Question: My ex-husband was given custody of our son after having him removed by child protective services (CPS)2 yrs prior after his arrest for child abuse. Our son had lived with me for over 2 yrs in a clean & sober happy home and was afraid of his dad, talked of abuse from his dad, etc. Through a series of events his dad has custody of him again after the judge misconstrued the situation and didn't look into the history. He's abusive and won't let me see our son. My ex was abusive to me & my kids. Now I don't know what to do. The judge doesn't believe me. Can I get a new judge? What can I do? Help!

Answer:

According to Arizona Revised Statute 25-411, you can request a new hearing to modify decision making/parenting time if one of the following applies; 1. The prior court order regarding custody has been in effect for 1 year, 2. You believe you child is in danger (physically, mentally, morally/emotionally), 3. once an order is entered, there is evidence of domestic violence (spousal or child abuse), 4. After the order is in place of 6 months, one of the parents violates the provisions of the order.

So based on your question, you may meet the criteria to request a new hearing. My suggestion is to speak with a family law attorney.