Legal Question in Family Law in Arizona
I am trying to get custody of my daughter because my x has a problem with alcohol. My daughter was late to school 11 times in a two month period while inher fathers care. I found out the 11th time was because he failed his ignition interlock and his car would not start. What are the laws involved with this incident and me trying to obtain custody. Will these incidents and the recent DUI be enough for the judge to grant me full custody. I will add my x does not think he has a problem. I do and I am hoping the judge will also.
2 Answers from Attorneys
The court is obligated to rule in the "best interests" of your daughter, which takes into account the history between the parents and the child and any other relevant information. I believe the judge would be very concerned about the history of tardies during her father's time. The judge is able to place restrictions on parenting time (e.g. no overnights on school nights) in order to make sure your daughter's interests are protected. The judge can also order that he not consume alcohol during or immediately prior to his parenting time, and that he not transport her when he's been drinking (hopefully the interlock device will help with that as well).
Those are 2 very strong reasons to seek a modification of custody. YOU SHOULD ACT QUICKLY.
We can certainly help you consider and then pursue your options.
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/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
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