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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28035
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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In Pima County, Tucson, Arizona. Regarding parenting exchange,

Customer Question

In Pima County, Tucson, Arizona. Regarding parenting exchange, my ex( mother of my daughter), and I have a court ordered agreement. The court order states mother and father shall meet every Sunday at 5:00pm in Eloy Az. for the purposes of exchanging our daughter( equal parenting time) daughter had not yet begun kindergarten and until the time she does this order remains. One year ago mother was arrested on 4 domestic violence charges against the victim, her boyfriend, which resulted in an undesignated felony/ misdemeanor charge; however, recently she was arrested for violation of probation. She was held without bond for 3 weeks until finally receiving Intensive Probation for 2 yrs. Her probation officer did not authorize her to leave Pima county for the parenting exchange in Eloy. Now my ex is demanding for me to exchange with her family( Mother )(sister) whom also have a history of violence, in Eloy or personally drive her to Tucson from Phoenix: my argument: Family court order does not obligate me to exchange our daughter with no other than her mother there in Eloy Az. Nor does it obligate me to drive my daughter to Tucson, because the order simply does not state otherwise, and because it doesn't Im not willing to release my daughter to no other than her mother, in Eloy Az. Now, because Mother doesn't have permission to leave the county for parenting exchange for now, does this legally give me, the father, authority to keep my until the time her probation officer authorizes permission to to leave Pima county? Does this place me, the father, in contempt of court?
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. The court order is going to control, so if there is no language stated within, that reflects what she desires to do or have done and you will not agree to it, then it would be at your discretion to keep your daughter. Now, if her probation officer will not allow her to leave the county to get the child, she would need to file a motion with the court or either 1) modify the agreement whereby the Judge allows a family member to pick her up on behalf of the mother ( which the court is likely to allow) or 2) she modifies a term/condition of her probation, allowing her to leave the county on for this. That would be at the discretion of the Judge, of course. Now, if you feel that releasing the child to a family member of hers is not in the best interest of the child, you would have a stronger argument to make and in support of your actions, if the mother would try and hold you in contempt. Contempt of court comes from a parties failure to comply with a court order. While what happened was after the order was put in place and unforeseen, it still controls unless modified.
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Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!