questions & answers

Question: My ex and I have a 10year old son. About 2 years ago a custody order was put into affect in the state of California, her place of residence. I live here in AZ. Since then she has moved here to Arizona and has been living here for the past year and a half. I don’t know where she lives and refuses to let me see my son despite of the court order. Can that court order be enforced here in AZ? Also can I take her to court to request 50/50 parenting time?

Answer: Section 202 of the Uniform Child Custody Act gives jurisdiction over the case in the state where the custody order was issued.  California needs to make a finding that the family no longer has a significant connection with California before you can file anything in Arizona.  You need to sit down with a lawyer and figure out the best way to move forward.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means  will arrange a one hour consult with an experienced attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625. If you do  not have sufficient money to pay for a reduced fee consult, you can go elsewhere on this website and apply to see if you qualify for a free lawyer.  Go to http://www.azlawhelp.org/accesstojustice.cfm