Legal Question in Family Law in Arizona

Im going through a divorce and my wife is asking for sole legal custody of my daughter i want joint of course. My question is she i claiming domestic violence which is definetly unfounded. Under Arizona law if there have been signifigant acts of domestic violence she can get sole legal custody but i have never committed any acts of domestic violence and have never committed a crime been arrested or convicted for anything in my life. all she saying is hearsay but what is the likelihood she will get it


Asked on 8/22/10, 12:47 am

2 Answers from Attorneys

Rich Peters R.J. Peters & Assoc., P.C.

If the Court is not convinced as to her allegations, and you have been an involved parent, then Joint Legal Custody is certainly a likelihood.

We can certainly help you consider and then pursue your options in your pending dissolution. This is obviously a very important matter, and you should not go in alone.

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 Gina 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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Answered on 8/27/10, 7:26 am
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Remember that allegations in a document is NOT evidence. Someone can plead the sky is purple but without some pictures to prove otherwise, I think the judge would believe the sky is blue. A silly example but a reminder that people often say things that they cannot prove. You have every ability to rebut what she says if and when you are in a courtroom and if a judge believes she is acting in bad faith, he can even order her to pay attorney's fees.Review 25-403(although it sounds like you already have) to see all of the factors a court would consider.

One of the first things I would do is sit down and consult with an experienced lawyer. Make sure you get educated about your rights and obligations on all issues before you make any decision how to proceed.

Feel free to call my office.

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Answered on 8/27/10, 7:32 am


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