What does it take in AZ to prove a mother is unfit?

Anonymous Apr 8, 2009 Bankruptcy and Debt 2 views 1 answers

My friend has been divorced for 4 years and his ex wife and little to no interest in the kids. The kids have come to his house unbathed in days...not fed. she says she can't afford food or gas and she pays no attention to them. They have hurt themselves because of lack of supervision and she constantly texts him saying she dosn't want them and can't handle them. however in their parenting plan they have joint custody with the dad as primary care giver. what would be the next step to take?

Attorney Answer

1

Ronald Sarno

Ronald Sarno · Jun 15, 2026

Tell him to get off his butt and motion the family court for residential custody. He does not have to prove the mother is unfit, which is a total waste of time and energy. What he has to show is that the best interest of the children would be served if they lived with him in a stable home. The ex MAY consent to the switch, but if she is using the child support money for herself, expect a battle royal. LEGAL DISCLAIMER Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

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