Ask a Lawyer
Ask a Question

Posted Feb 1st, 2012
My boyfriend shares physical and legal custody of his children with his ex wife. She has however
been in prison for the last year and a half.

Additional Details:
The custody paperwork was never modified. It was filed in Colorado where the mom lived with the
children but now the kids have lived in Arizona for the last 2 years. She thinks that the kids are
going to be returning to Colorado with her when she gets out, but seeing as she is a registered sex
offender and she was charged with a felony offense of contributing to the delinquency of a minor,
the kids should not go to live with her. Where does he need to file for new custody arrangements? He
has been the sole supporter of the children for the last 2 years and lives in Arizona. I am assuming
that Arizona has the jurisdiction. But I''m not sure.
Legal Topic Area: Family Law in AZ

Once the children were in Arizona for 6 months, Arizona took over jurisdiction (power) to enter custody and visitation orders. Your boyfriend will need to "domesticate" the Colorado orders. He will need to obtain a certified copy of the last orders from Colorado (this can be done by calling the court there) and file them in Arizona. Once he files the orders, he can then file a Petition to Modify custody (decision making) and parenting time (visitation) in Arizona and reference those Colorado orders.

There has been a clear change of circumstances given the mother's incarceration and her status as a sex offender. He has reasons to file for a modification here in Arizona, but must take the steps as outlined above before the Arizona court will take any action.

*This answer is for information purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.*

*Laura B. Monte, Esq. is licensed to practice only in the State of Arizona. Any answers provided are based solely on Arizona law and court case law.*


Answered on Feb 6th, 2012 at 11:20am