Legal Question in Family Law in Arizona

If the custodial parent is going on a business trip does the noncustodial parent have the right to have the child while the parent is away


Asked on 9/28/09, 7:05 pm

1 Answer from Attorneys

Jeanne Whitney Whitney Law Office

Dear Non-Custodial Parent:

The first place to look for the answer to your question is the actual language in your custody order. There may be a "right of first refusal" type clause, that if whichever parent has custody is unable to care for the children during the allotted time, the other parent should be contacted to see if they want to care for the child or children. Only if the non-custodial parent chooses not to do so, then the parent with custody has to arraign for & pay for third party care. A Judge would expect the custodial parent to have a really good reason for not placing the children with the non-custodial parent.

The cost of third-party care vs. care by the other parent may be a factor for the parents to consider. The parents need to consider the practical effects of a temporary modification. How long will the custodial parent be gone? Will the non-custodial parent still have his/her visitation time with the children while the children are in the care of a third person?

If there are restrictions or limitations on the visitation you have, you might be out of luck.

I noted that your zip code was for Sierra Vista. I work in Cochise County and can assist you. I charge $200/hour and usually require an advanced fee retainer. You can call to set up an appointment (520) 507-2067 or contact any of the other attorneys in Cochise County who practice family law.

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Answered on 10/04/09, 1:03 am


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