questions & answers

Question: My ex husband and I filed joint custody over our daughter. he was to pay the joint custody fee but as of yet hasn't. it's been about 8 months now. can he still pay it? What happens does one parent have more rights over the other? can I get full custody and he have visitation? help please!

Answer: Generally, either parent may file a petition to modify an existing child support or custody order when they think the current arrangement is not working. More information on parenting time and custody arrangements can be found in “Child Custody ,” available online here  (http://azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=68).
A request to modify custody would be submitted to the court that originally heard the case. If the other parent files a request for modification, then the court would contact both parents to schedule a hearing and make any determinations or changes based on information presented at that hearing. If no such child custody agreement exists (i.e.: because the parents decided legal and physical custody without any court orders), then the request to modify becomes more complicated.