QUESTION

About two years ago my ex took me to court alleging I did drugs and neglected our child to win sole custody. I didnt go to the hearing so he was won

Asked on Sep 27th, 2011 on Family Law - Arizona
More details to this question:
since this court hearing I did everything I had to do and have had a stable family home and carreer for four years. Our daughter sprends everyother weekend with me and half of her summers with me. We are now going back to court. I want joint physical and legal custody. I want to be able to legally decide about her education, health ect again. Her father has placed her in 7 different school and she is in 7th grade, also she has not boned with her step mom and I feel that it is very important for her to have this maternal bonding more than everyother weekend. She cries and tells me she wants to be at home more. What should I do? I cant afford a lawyer but her dad has a lawyer. I need help asap, opur evidence hearing is in March 2012
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2 ANSWERS

In order to modify the custody/parenting time arrangements, you will need to show the court that it is in your daughter's best interests based on the factors set forth in ARS 25-403. I recommend you review the statute and at the very least consult with an attorney who can assist you in analyzing how the factors affect your situation. ** This response is provided as general information only and does not constitute legal advice or otherwise establish an attorney-client relationship. **
Answered on Dec 10th, 2011 at 12:23 PM

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Laura Monte
If you are seeking a modification where you are going from every other weekend parenting time to equal parenting time, you are going to have to put on a significant amount of evidence at trial in March 2012 to show a change, as significant as to what you are asking, is in your child's best interest.  When looking at what is in your child's best interest, obtaining evidence that your child's father has not offered your child a stable environment is going to be key.  You are going to want to have your child's father, through his attorney, answer a series of questions (called interrogatories) to obtain the information that you need.  You are also going to want to make a request for discovery (documents and evidence) to the attorney to prove up your case.  Examples of what you are going to want to request are:  medical records for your child (has your child been seen for regular check ups by the same group of doctors?),  proof/information about where your child has been living over the last 4 years (how many apartments/homes has your child been moved to and from in the past?), and also request the school records from your child's father as well (attendance at every school she has attended, as well as grades).  Once you get these requests to the attorney, your child's father will have 45 days to answer any questions that you have for him as well as provide the requested documents.  You may want to see a certified document preparer to help you with putting together the request or see if the Superior Court website (depending on what county you live in) can assist with the paperwork to request the answers/documents.    *Please note that this answer is merely advisory in nature and does not create an attorney-client relationship with either Laura B. Monte, Esq. or the law firm of Donaldson Stewart, P.C.*   *Laura B. Monte, Esq.  is NOT  a certified specialist in family law.
Answered on Nov 22nd, 2011 at 1:04 PM

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