Legal Question in Family Law in Arizona
My girlfriend move back to phx,AZ when my son was 7months,She said she going to go see her faimly for xmas in NM any never came back I haven seen my son since 12/20/10 I did sign his birth certificate.She want let me see him she says he is to young to stay with me but she leaves him at daycare for 8-9 hours aday.Can I get joint custody of my son he has brothers,sister and just one living Grandparent on my side of the family.
2 Answers from Attorneys
You certainly should be able to have joint custody unless she proves there are fitness issues(domestic violence, addiction etc). However, you have to file something first. Keep in mind that joint custody is not the equivalent of equal parenting time. I would suggest you consult with a lawyer to discuss your rights and obligations. The longer you sit and wait, the longer she develops roots there making it harder to get the court to order she return the child to Arizona. There may even be at this point a problem establishing jurisdiction here since the child has residd in NM more than 6 months.
You can, and should immediately, pursue whatever you believe to be in your child;s best interests. Don'tt wait any longer to pursue your rights.
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 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
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see our website at www.familylawaz.com