questions & answers

Question: Current Parenting time/custody that is filed with the court from 2006 is 50/50. My ex moved to CA 4 years ago and my son went with him so at the time we did a document stating my son would live in CA and my ex would have custody of him.(this document was not filed with the courts) My ex has moved back to AZ and my son wants to go back to the original parenting plan and custody arrangement. My ex wont let him and states that the notarized document states he has full custody and only can see me every other weekend. Is this notarized document legal or is he illegally withholding my son from me?

Answer: You do not say how old your son is.  If he is a teenager, the Court will likely consider his wishes in deciding a parenting plan.  You will most likely need to go back to court and ask the court to enforce the original custody order.  You may want to get some advice from a lawyer on the best way to proceed.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.