questions & answers

Question: My ex and I were never married. We have a two-year old son. He has court ordered visits twice a week. He is currently homeless. he cannot be trusted with the child and the child has come home from visits unfed and with a dirty diaper and dirty clothes. When we take him to visit, they're usually at his mother's house- but she moved out of state. Now he refuses to tell me where the visits will be. I'm wondering, with him being homeless, can I break the court ordered visits? We have court again the second week of September.

Answer: The following is provided for general information only and should not be construed as legal advice. To find out how the law applies to your specific situation, you may consider consulting an attorney directly. Until the court order is changed, it should not be violated or it will subject the violating parent to sanctions, which you can read about in A.R.S § 25-414. It may be possible to get an emergency hearing if you fear for your child’s health, safety or well-being. This must be done in writing at the court that issued the visitation order. The Judicial Branch of the Superior Court in Maricopa County has forms that can be used and explains the circumstances under which the may be filed. If you live outside of Maricopa county you may wish to consult the Superior Court of your county to determine what process must be used to get an emergency hearing to modify visitation.