Legal Question in Family Law in Arizona
My name is Daniel 21 y/o living with parents and been having a tough time with my girlfriends parents. I am never "allowed" to see my son because of my girlfriends parents who do not agree with who i am. The parents are old fashioned. My girlfriend who is 20 y/o and our son 1 1/2 y/o live with her parents. I am not allowed over or even step foot on the property when the parents are not home and they have a strict curfew which is 10 pm for me to be there. They are usually home around 5 pm to 6 pm from work but most of the time never come home til way later. They don't want me around ever and control my girlfriends life even though she is an adult. She isn't allowed to leave the house unless they are home. We cannot afford a place to move out since I am currently unemployed, living with my parents and been having a difficult time finding a job. She is afraid to stick up for me because her mother threatens her and our son to be kicked out if she doesn't follow the "rules". I miss my son and girlfriend i never get to see them maybe once a week or never. Is this a crime, do I have a right to see them?
2 Answers from Attorneys
Although there's no "law" that applies to you being able to see your girlfriend, you could consider filing with the court to establish your rights for shared custody and parenting time. That way, you could have a legal right to have him in your care during specified times, without the interference of her parents. You would want to discuss this in detail with your girlfriend first so she doesn't feel threatened by you taking this action, since your goal is not to keep your son away from her.
As an adult, she does not have to remain in their home, but if she does choose to stay there, she is probably bound by the rules they have created, even if those rules are unreasonable (her remedy if she doesn't like the rules is to leave).
You could and should file for Paternity, which then allows you the rights of any Father, including custody and access. Her parents then cannot control that aspect.
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
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