QUESTION

If the father is incarcerated until 8-18 can I legally keep my son until he gets released?

Asked on Aug 07th, 2014 on Child Custody - Arizona
More details to this question:
Our court order has been filed since Feb. 24th 2012. It’s for joint custody. Neither of us pays child support. It’s 50/50 for everything. The father has been incarcerated since 7/21/14 and doesn't get released until 8/18/14. He is on work release and is not able to pick my son up. He is trying to send his girlfriend to pick up my son. There is nothing in the court order that states anyone else but the father to pick my son up. While he is incarcerated I don't want anyone else but the father to do the pick-up and drop off. So my question is, can I legally keep my son for the time that the father is incarcerated? Also while the father is incarcerated am I able to go to the court to get legal full custody of my son?
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1 ANSWER

Divorce Attorney serving Phoenix, AZ at Heller Law Office, PLC
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This does sound problematic. Someone would need to get a detailed history from you [i.e. what he is in for, age of child, and a whole host of other questions], review the decree, and go over the pros and cons and your options. You should have counsel for this.
Answered on Aug 12th, 2014 at 2:38 AM

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