Legal Question in Family Law in Arizona
My daughter goes to see her dad 2-3 times a year because of court ordered visitation. Every time she goes she calls me crying because her dad is always verbally and emotionally abusing her. She is also scared that if she speaks up for herself he will physically hurt her. She will be 17 come September of this year. What are her options? Can she file for emancipation or sue him for mental anguish. She know longer wants to go see him and wants to pursue some kind of action against him.
2 Answers from Attorneys
From the information you provided, I don't believe she would have her own course of action against him; however, you should consider filing an action to modify his parenting time so that she is not required to see him if she chooses not to. She is at an age where the court will give greater weight to her wishes (although it is not her decision) in considering her best interests. I recommend you speak with an attorney to determine whether it would be appropriate to pursue a modificaton action.
Call us soon. You could and should file for modifiation, so that she need not visit any longer.
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 Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. 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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