Legal Question in Family Law in Arizona

I'm in a custody battle for a 1 yr and 11month old. I got paternity results back a month and a half ago that showed me as the father 99.99%. I have filed request for a custody hearing, emergency visitation, request for name change, etc . .

The mother died 7 months ago and I have not seen my daughter in a year.

Her husband has the child and they had no children together.

What are my chances of getting full custody of my daughter and what do I do to speed the court up.

The husband has a layer that files paperwork weekly to slow down the process.

I don't have a laywer and have done all of my own paperwork. His latest paperwork he wants to take my deposition. ??? Help. . .


Asked on 11/11/09, 9:44 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Thank you for your email. Generally speaking, the court prefers a child to be in the custody of a parent vs. a non-parent. There is obviously more to it than that, and I would need a great deal more information before I could give you specific advice. If he has a lawyer who has been relatively proactive and aggressive, you should seriously consider retaining counsel for yourself.

We offer a free initial consultation, so please contact our office to schedule a time to speak with one of our attorneys about the details of your situation.

Read more
Answered on 11/17/09, 11:44 am
Rich Peters R.J. Peters & Assoc., P.C.

Without knowing more, it seems to be that it would be VERY unlikely for her Husband to be able to retain custody. But, it is hard for me to tell you how to move the case forward without knowing what has been filed, what the legal theories are, etc.

We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

Read more
Answered on 11/18/09, 1:19 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona