Legal Question in Family Law in Arizona

Re: Custody during divorce

I am not licensed to practice law in your state. However, a father can not prevent a mother from speaking or talking to the child. In the absence of a court order either parent has the right to custody. The mother could take the child back if she can do it without incident. She can call the police and see if they will get involved. An attorney is necessary, but Arizona may have a form of legal aid to assist the mother. I suggest she call the local bar association or seek the advice of local legal counsel. If the mother is a fit person to have custody, a court will force the father to return the child. the mother can use self help to recover the child. Good luck.

Advice is not to establish an attorney client relationship and is given without charge by an attorney not licensed to practice in the state of Arizona. Any advice is not intended to practice law in a jurisdiction without a license.

Re: Custody during divorce

I do not know your state's law, and I am not licensed to practice in your state, so take this with a grain of salt.

In my jurisdiction, each parent has a right to physical custody of the child unless a court has adjudicated otherwise. Therefore, generally speaking, whoever has the child is able to prevent the other parent from seeing or talking to the child. (Notice I said "is able," not that it's legal or proper.) Again generally speaking, when you call law enforcement, they will tell you they can enforce an order but they cannot decide who should have the child. You said "divorce in progress," which tells me somebody has filed a petition for dissolution of marriage. Assuming that's correct, you can file a motion for temporary custody or for a temporary parenting plan (depending on what your jurisdiction calls it). You will need to show the court that returning the child to you is in the child's best interest. CBI depends on a handful of factors including age of the child, who's been the primary care giver, who's the parent more likely to encourage a relationship between the child and the other parent (father has tipped his hand here), etc. If circumstances are right, you might be able to file the motion "ex parte," which means the situation is so grave denying the other party his right to due process is less injurious to that parent than the possible harm done to the child in letting this situation continue.

I second Mr. Hershenson: find legal help. If money is a problem, try your YWCA or women's shelter and state bar association for names of lawyers who might take the case for regular monthly payments in lieu of a retainer up front. Get a loan from family members. Get a personal loan on your car. Get a cash advance on your credit card. Get a second job.