Parental Rights & Obligations

questions & answers

Question: I previously had a custody hearing in front of the mediator with my ex husband. My new boyfriend was his friend and we all hung out every weekend. We are getting divorced now and I'm seeing his friend. We decided on 50/50 custody. But he doesn't want his old friend, my current boyfriend, near our 3 year old son cause he had a couple bar fight charges and a drug charge 5 years ago. My new boyfriend was always at are house with us and our son. Now he's harmful?The mediator decided we can't live together until a hearing. So he asked to modify it a week later now, he can't even be in public with him. What do I do?

Answer: All parties to a court order should follow the contents of the order. If the parties fail to do this, they may have consequences to face. For example one party may file a motion to have the other party conform and obey the order. Under Arizona law, the court shall not deviate from a provision of any parenting plan or other written agreement by which the parents specifically have agreed to allow and the court in determining parenting time will consider what is consistent with the “child's best interest.” Based on the best interests of child a parent may request to change a court order establishing visitation (also known as “Parenting Time” in Arizona). The law which discusses the modification of legal decision-making or parenting time in Arizona is A.R.S. § 25-411. For more information on the situation you described, you may decide to seek detailed advice from an attorney or visit our website where you might find additional information.

QUESTIONS

  • I previously had a custody hearing in front of the mediator with my ex husband. My new boyfriend was his friend and we all hung out every weekend. We are getting divorced now and I'm seeing his friend. We decided on 50/50 custody. But he doesn't want his old friend, my current boyfriend, near our 3 year old son cause he had a couple bar fight charges and a drug charge 5 years ago. My new boyfriend was always at are house with us and our son. Now he's harmful?The mediator decided we can't live together until a hearing. So he asked to modify it a week later now, he can't even be in public with him. What do I do?

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