Legal Question in Family Law in Arizona
I have a hearing for a emergency custody that I was granted in 10 days. I have been harrassed, and threatened by my ex husband, and have proof of the harrassing texts on my cell phone which is why I was granted an order of protection against my ex husband, and an injunction against harrassment against his girlfriend. Both my ex husband and his girlfrien contested the initial orders, and I still won in both cases, and the orders are intact. My ex husband has visitation according to our divorce petition which I never was heard by the judge in the divorce. The divorce states that my ex husband can visit with our daughter thursdays, fridays, and saturday mornings. Since the divorce I've obtained a restraining order which has made my ex husband more aggressive in finding ways to upset me without violating the order, although he did violate the protective order once, but was only given a warning by the officer that I called. I feel this tug of war with my daughter is only to upset me and not about his ability to visit my daughter, because before he moved his girlfriend in, he never wanted to visit our daughter, and now he's extremely adamant about having our daughter in his home even though I have restraining orders against him and his new girlfriend who assaulted me in front of my 5 year old daughter. I don't beleive his home is a healthy environment for our daughter, considering all that has been happening between us. Our daughter lives with me primarily, and always have. Do I have a legal leg to stand on to get sole custody instead of the joint custody that is now in place?
1 Answer from Attorneys
You may have a claim for sole custody, but that may not affect your ex-husband's parenting time.