Legal Question in Family Law in Arizona

I am divorced and have joint custody of our children ages 5 and 9; I am dating a man that was accused of 'sexual conduct with a minor on 3 cases' he was acquitted of all charges and has primary custody of his child. My ex is concerned that my boyfriend will harm our children. He is requesting the court order our children stay away from my boyfriend. We are now going to trail as the judge is an ex-prosecutor and wants my ex husband to show more evidence of my boyfriends past. Can I loose custody of my children for dating this person with this past?


Asked on 3/07/13, 6:00 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

I can't give any guarantees, especially with the limited information presented, but it seems to me that your ex will have a hard time making his case if your boyfriend was acquitted of all charges and if the court found that he was fit to have custody of his own child. I recommend you consult with an attorney to discuss this matter in greater detail.

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Answered on 3/07/13, 9:04 pm
Rich Peters R.J. Peters & Assoc., P.C.

There is no question that who you choose to involve in your children's lives can of course impact what a Judge determines to be in their best interests as far as custody and parenting time. However, I cannot predict what your Judge will do in this particular case.

You should absolutely focus on what steps he has taken to "rehabilitate" himself, and what steps you are taking to insure your children are always safe.

Please come in soon. We can certainly help you consider and then pursue your options. 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 Paige or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004

(602)254-7251

Fax (602)254-1229

www.familylawaz.com

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Answered on 3/13/13, 9:23 am


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