Legal Question in Family Law in Arizona

Re: child custudy

Are there Court orders in place? Are you married to the Mother?

Depending upon the answers, it may not be a good idea to simply leave with the child. The better approach is to file appropriate documents, maybe even for Emergency Temporary Custody, so that you have permission to leave with the child.

I can explain the procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Re: child custudy

Yes, you can definitely get arrested for taking your child without court permission, even if you have good reasons. However, there are things you can do to change your circumstances.

First, if you believe your child is in immediate danger because of the mother's drug-related behavior, you can call Child Protective Services, and they will go look into the situation.

Second, you can file for a change in custody or visitation. You can do this yourself at the court's "self-help center," or you can hire a lawyer to help you. To succeed, you will need to demonstrate some proof of the problems (that mom does drugs, that you are deprived of visitation, etc). You will need to find teachers, friends, babysitters, acquaintences, or others who can testify to the judge about what they have seen, at school, etc. If the mom is depriving you of visitation, you will also need to keep a diary of visits you were refused and other problems you experience. A custody evaluation can also help a great deal. The evaluation is done by a psychologist who talks to both parents, visits both homes, observes the child(ren) and, if the child is old enough, talks to the child. That person gives the court a professional opinion about who the child should live with, and what is in the best interests of the child. It is best to have a lawyer help you in a custody situation, but it is not impossible to do it yourself with the help of the self-help center. Call the main county court for directions to the self-help center in your county.

Obviously, lawyers and custody evaluators have to be paid, and this will cost money. But my guess is, it will cost less money than finding yourself on the run with a child, hiding from the law, and not being able to hold a job.

If the mother will agree, you might also try mediation. Limited mediation is available for free through the family court in Maricopa County, or you can hire a mediator. Mediation saves time and money, and is a process designed to lower the anger level and work out their own problems instead giving the decision to a judge. In custody issues, it's often a really healthy alternative.

I'm a mediator and you can read more about family mediation at my web site - www.yesmediation.com. If you feel you'd like to talk to a lawyer who could help you with a custody suit, but don't know who to turn to, please feel free to contact me and I will help you find a lawyer in your area. Good luck to you.