questions & answers

Question: I live in TX. My daughter and her mother moved to AZ 2 years ago. I paid support and maintained telephonic contact. During this time, unknown to me, the mother became a heroine addict and gave temporary custody to the grandmother. When I was informed of the situation, I attempted to gain custody of my daughter and the grandmother, who worked for Pima Co. Superior Court, filed for permanent custody. With our court date set for Nov 4th and my plane and hotel paid, the court calls me and says they changed the date. Is that even legal with less than 24 hours notice? Do I have any recourse?

Answer: For information concerning your specific situation please contact an attorney. Click the following link:http://www.azlawhelp.org/articles_info.cfm?mc=5&sc=36&articleid=151. In Arizona, custody of a child is based on the best interests of the child. Arizona family court looks at matters in list below to decide child custody:
•    The parent and child's wishes
•    The child's change to the different environments
•    Any history of domestic violence or child abuse
•    Who has delivered primary care of the child
•    The mental and physical health of everyone involved
•    A child's relationship with either parent
•    A parent's desire to have a meaningful and generous relationship with the other parent
In Arizona, a court may give parents either sole or joint custody. According to best interest, an Arizona court may order joint legal custody and not order joint physical custody.  A court will use the problems below to decide:
•    Views by the parents for joint custody agreement according to best interest
•    If a joint custody planning is possible
•    Each parent's ability to connect and unite with each other on custody
Arizona court does not give custody or visitation to a parent when there is a big risk of danger to the child. Counseling sessions may be offered. Courts consider:
•    A parent's history of drug offenses
•    If a parent has a murder conviction
•    If a parent is a convicted sexual offender
For information on custody in Arizona click here: http://azlawhelp.org/articles_info.cfm?sc=11&mc=1&articleid=68