Legal Question in Family Law in Arizona

My ex-fiance and I (never married) have twin girls (19 months) and she is withholding them from me. I'm taking her to court so I can receive parenting time. In March of 2008 I was arrested for Domestic Violence and wanted to know if this conviction, prevents me from gaining joint custody? It happened before they were born.


Asked on 8/12/10, 9:02 am

1 Answer from Attorneys

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

Per Arizona law, Joint Custody shall not be awarded if the court makes a finding of the existence of significant domestic violence. The court is required to consider evidence of domestic violence as being contrary to the best interests of the child.

However, the overall nature of the incident should have a huge effect on how much the Court considers it.

We can certainly help you consider and then pursue your options for pursuing custody and parenting time. 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 8/17/10, 10:51 am


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