Legal Question in Family Law in Arizona

According to the divorce decree my ex is to pick the children up from school on his Fridays at a certain time. Yesterday he did not and I had to rush and pick them up. Isn't that considered abandonment? I also kept them the remainder of the weekend even though it was his because I had to make the changes in my plans to pick them up? Is that against the law? Thank you

Asked on 4/21/12, 10:49 am

1 Answer from Attorneys

Rich Peters R.J. Peters & Assoc., P.C.

Abandonment under Arizona law (in Juvenile Court, anyways) is six months of no contact and no support. BUT, if this is something he did continuously, you could seek Orders modifying his Friday access.

I believe that keeping the children would technicically be a violation against the current Orders, but could be explained away this one time. Again, if this is a frequent occurence, perhaps changes need to be made.

We can certainly help you consider and then pursue your options for dealing with this and any othr issues.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.

Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004


Fax (602)254-1229

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Answered on 4/23/12, 9:13 am

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