Phoenix, AZ asked in Child Custody and Family Law for Arizona

Q: What can I do about receiving a summons for a custodial interference charge to appear in court,

The Father never followed the custody agreement wants to come around when it's convenient for him and without my knowledge, he filed a Police report saying I'm not following the parenting time agreement, I receive a summons to appear in court for custody interference charge, when this Father never followed the parenting agreement, what can I do to stop this summons and I need the judge at the family court to address the Father about not following the parenting agreement

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1 Lawyer Answer
Jay Hall
Jay Hall
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: The first step is to separate the issues. You may not have any right to enforce the agreement if the other parent simply declined to exercise his parenting time. The remedy for that is usually modification (if it is substantial and continuing).

Instead of focusing on that, you will want to closely scrutinize the merit of his claim. Did you violate the court order? If so, please consult with an attorney to formulate a defense so that you are not held in contempt.

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