questions & answers

Question: My ex had 50/50 legal decision making and then left our child with me and moved over 150 miles away. He did not file for a petition for relocation and did not make any attempts to see the child for over a year. Does this constitute as him waiving his rights to the child since he abandoned him for over a year.

Answer: Under Arizona domestic relations law, there is no automatic change in custody if one of the custodial parents moves or fails to spend time with the child.  If you want to change the custody agreement, you will need to go back to court and ask the judge for a change in custody. Arizona Revised Statutes, Section 25-411 is the statute governing modification of custody.  The statute states that the courts do not like to grant a change in custody if less than a year has passed since entry of the original order.   Your best option is to hire a lawyer to help you, but you can also go to the self-help section of the website for the Superior Court of Arizona and obtain the forms needed to file for a custody change.  You will need to serve your ex-husband  with the Petition or Motion for Change of Custody, and he will have the right to oppose your request.