Legal Question in Family Law in Arizona

child custody

If the grandparents reciveed joint legal custody with primary physical custody of our granddaughter with biological mother. can the mother go to the childs school anytime she wants to visit the child with her live-in boyfriend.


Asked on 3/08/07, 2:07 pm

1 Answer from Attorneys

Jeanne Whitney Whitney Law Office

Re: child custody

I suggest you locate all the court orders and minute entries. Review the language closely; don�t just rely on your recollection of what the orders may say. The party with �Legal Custody� would have say over the child�s medical, religious, and schooling choices. If it is �Joint Legal Custody� all the parties need to consult and agree about these choices for the child. Next �Primary Physical Custody� is the parent or guardian with whom the child spends a majority of her time and provides for the child�s physical needs. �Primary Physical Custody� is not necessarily the same as �Legal Custody.�

Then, look at the �Parenting Time� or visitation of the non-custodial parents. When and where visitation will occur is sometimes spelled out in detail, sometimes it�s just phrased as �reasonable.� Review the language of the court orders carefully. Generally, a mother picking up her daughter from school or visiting at school would not be considered a problem by the court, absent some other information or harm to the child. You mention �live-in-boyfriend� but it�s not clear why that�s important. Generally, absent some potential harm to the child, the Judge won�t be interested in who the mother lives with.

You might wish to consult with an attorney. I work in southern Arizona, not in Maricopa County, but can review the matter with you. There would be a fee for my services. Good Luck.

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Answered on 3/10/07, 11:00 pm


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