Help with emergency or temporary order

[Amber001]

Jurisdiction

Arizona

Good morning! We live in Arizona and have been trying to change our family court decree. Right now the decree is 50/50 joint custody with a week on, week off schedule. The other party has been neglecting the children and putting her needs above theirs. Constantly partying, going out, leaving the children unattended or with a friend. She recently informed us she has no one to watch the children or take them to school on her weeks. She requested a schedule change and wants us to have the kids on her weeks during the school days. She wants us to take them to school, pick them up, and care for them till she's off of work between 6-7:30pm Monday through Friday. We pay her a hefty amount of child support, well over the calculator each month, and she states she can't afford to pay a sitter and refuses to agree to mediation to lower the child support amount. She has jumped around to 4 different houses in the past year, all which we're either boyfriends houses or friends. She currently crashes on a friends couch and likely has to find another place soon. We want to put a temporary order in stating she has no adequate child care or living conditions and for us to have the children during the school week till she figures it out. Every place I check it states if the children are not being abused we can't get a temporary order. We are in desperate need for help and don't know what to do at this point.

 

[adjusterjack]

Every place I check it states if the children are not being abused we can't get a temporary order.

"Every place?"

Did any of those places involve an attorney?

I suggest you consult one.

 

[Amber001]

"Every place?"

Did any of those places involve an attorney?

I suggest you consult one.

We have consulted with 10 different lawyers and have now retained one last month. It is near impossible to get a hold of our lawyer and have tried numerous times to discuss this recent issue. We have yet to hear back from him, hence me writing on this.

 

[adjusterjack]

Did you give that lawyer any money?

 

[justblue]

"Every place?"

Did any of those places involve an attorney?

I suggest you consult one.

It seems like Amber is the wife or girlfriend of the Dad. The father of these children should consult with an attorney.

 

[Amber001]

Did you give that lawyer any money?

Yes, we paid the retainer and filing fees.

 

[Amber001]

It seems like Amber is the wife or girlfriend of the Dad. The father of these children should consult with an attorney.

I am his wife and these are my step children. I'm not sure why that is a concern since I'm legally married to him and I'm the one that cares for the children during the school weeks. We have consulted with numerous lawyers and have retained one within the last month or so. The lawyer is extremely hard to speak with via phone

 

[Zigner]

I am his wife and these are my step children. I'm not sure why that is a concern ...

Because, despite your best intentions, you are not a legal party in this matter. These are not your children. Please have your husband log on to ask his own questions...or have your husband either (a) work harder at contacting the attorney, or (b) fire the attorney and hire a new one.

Beyond that, you would do well to step way back and let your husband handle his own legal matters. Love the kids, but leave the legal work to the parent(s).

 

[Zigner]

To be clear - there is no "we" in this matter. "We" are not going to go to court to request an order, whether it be temporary, emergency, or otherwise. Your husband doesn't have grounds for an emergency order since there is no threat to the safety of the children. Your husband's attorney will/should explain this to him (and, hopefully, you).

 

[Amber001]

To be clear - there is no "we" in this matter. "We" are not going to go to court to request an order, whether it be temporary, emergency, or otherwise. Your husband doesn't have grounds for an emergency order since there is no threat to the safety of the children. Your husband's attorney will/should explain this to him (and, hopefully, you).

Last time I checked leaving 4 very young children alone and unattended is putting their safety in jeopardy. Especially when we have no idea where they are living on her weeks. That is a huge threat! So please do not preach to me that my step children are not in danger. I simply asked for advice on a REAL issue with REAL dangerous circumstances. No, they are not my biological children but they are my children. When their mother can not provide proper living conditions, leaves them home alone and every day asks me to pick the kids up from school, take care of them, bath them, do their homework till she wants to pick them up late at night; that makes it my business. I stand by my husband as a supporting wife and before God took those vows. Helping him with this difficult time is my job and WE as in together paid the lawyer. But thank you for your input on where I stand legally in this matter. Much appreciated

 

[Zigner]

Last time I checked leaving 4 very young children alone and unattended is putting their safety in jeopardy.

What did the police and/or CPS have to say about this?

Especially when we have no idea where they are living on her weeks.

Why do you feel that YOU have any right to that information? Why does your husband feel that he has a right to that information?

That is a huge threat! So please do not preach to me that my step children are not in danger. I simply asked for advice on a REAL issue with REAL dangerous circumstances.

What proof does your husband have of them being in danger?

No, they are not my biological children but they are my children.

They are NOT your children, legally speaking (you are on a legal forum, after all).

When their mother can not provide proper living conditions, leaves them home alone and every day asks me to pick the kids up from school, take care of them, bath them, do their homework till she wants to pick them up late at night; that makes it my business.

No, it makes you a concerned person, but it gives you no legal standing.

I stand by my husband as a supporting wife and before God took those vows. Helping him with this difficult time is my job and WE as in together paid the lawyer.

A spouse SHOULD stand by their spouse, but that gives you no legal standing.

But thank you for your input on where I stand legally in this matter. Much appreciated

You're welcome...it's been my pleasure.

 

[justblue]

Last time I checked leaving 4 very young children alone and unattended is putting their safety in jeopardy. Especially when we have no idea where they are living on her weeks. That is a huge threat! So please do not preach to me that my step children are not in danger. I simply asked for advice on a REAL issue with REAL dangerous circumstances. No, they are not my biological children but they are my children. When their mother can not provide proper living conditions, leaves them home alone and every day asks me to pick the kids up from school, take care of them, bath them, do their homework till she wants to pick them up late at night; that makes it my business. I stand by my husband as a supporting wife and before God took those vows. Helping him with this difficult time is my job and WE as in together paid the lawyer. But thank you for your input on where I stand legally in this matter. Much appreciated

This is a legal site. LEGALLY there is no we. LEGALLY these are not your children...you may love them like their your own, but they are not.

When the very young children were left home alone was there police involvement? CPS? If yes, what was the outcome of the case?

 

[leslie82]

We have consulted with 10 different lawyers and have now retained one last month. It is near impossible to get a hold of our lawyer and have tried numerous times to discuss this recent issue. We have yet to hear back from him, hence me writing on this.

I suggest firing that attorney if they aren't responding to you or you are unsatisfied with them. Then finding another.

 

[leslie82]

I am his wife and these are my step children. I'm not sure why that is a concern since I'm legally married to him and I'm the one that cares for the children during the school weeks. We have consulted with numerous lawyers and have retained one within the last month or so. The lawyer is extremely hard to speak with via phone

Because legally a stepparent is a stranger. You can ask for legal advice - but you legally cannot file anything. You legally have no bearing in this matter.

I get it. I was a stepparent once. It's a slippery slope and can be hard sometimes.

Again if your lawyer is not meeting your expectations or you are unsatisfied fire them.

 

[leslie82]

Last time I checked leaving 4 very young children alone and unattended is putting their safety in jeopardy. Especially when we have no idea where they are living on her weeks. That is a huge threat! So please do not preach to me that my step children are not in danger. I simply asked for advice on a REAL issue with REAL dangerous circumstances. No, they are not my biological children but they are my children. When their mother can not provide proper living conditions, leaves them home alone and every day asks me to pick the kids up from school, take care of them, bath them, do their homework till she wants to pick them up late at night; that makes it my business. I stand by my husband as a supporting wife and before God took those vows. Helping him with this difficult time is my job and WE as in together paid the lawyer. But thank you for your input on where I stand legally in this matter. Much appreciated

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Most people on here aren't lawyers. Keep that in mind when you go on legal sites looking for info.

Yes we get it about being the stepmom and wife in general life. But again, legally, you are not a party in this. Legally you are no one. If something happened to your husband, you wouldn't automatically get custody of the kids. They would go to their mother.

You can look for information. You can't file anything. That's the bottomline.