questions & answers

Question: I am wanting to move to CO from AZ. We have a plan by the courts(4YO),50/50. However her father doesnt provide anything(other than healthcare by our order) His family watches her(Where he also lives) for me while I work 35 hours a week.On a daily basis he is never to be found or has himself locked in his room, His family has even informed me that he does not spend time with her.We are to go week on week off, but I have her 80/20. Documented. I am wanting Full Legal decision making and Physical custody. Since I have moved on with someone hes starting issues and manipulating her to dislike me.

Answer: Arizona Revised Statutes, Section 25-408 governs your situation.  With 50/50 custody, you cannot move to Colorado and take your child without either the written permission of your ex or a court order.  Review the statute.  You will need to serve him with written notice of the proposed move.  He then has 45 days to file an objection with the court.  You may need to fight it out in court, depending on his response and his willingness to agree.  You should consult a lawyer.  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 provide 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