Legal Question in Family Law in Arizona
Please don't make this public...
My ex-husband and I were divorced 5 years ago and the court gave me sole custody of our 9 year old daughter with no custody/visitation to my ex. I have been a victim of domestic violence at his hands, have had multiple orders of protection issued and served, and had to call the police countless times due to violent behavior which lead to at least 3 arrests, one of them being a class 5 aggravated domestic violence felony. His probation officer said he is planning on filing for visitation/custody of my daughter when he is released from probation due to being jailed for a theft/control property charge (either January or summer 2011). He has threatened during our marriage that if and when he gets visits with her he was going to take her and either relocate her to an unknown place to me and hide her and/or kill her.
I don't know what to do. I think he has started stalking me again but I have no physical proof (pictures, emails, phone calls, etc.) except what other people say he is doing. If I file for an order of protection now, he would most likely take me to court to quash it because he would say he has not bothered me since 2008. I apologize for this being so long but really don't know what to do with no income and fear he could possibly get supervised visits.
1 Answer from Attorneys
Have you considered an attempt to TERMINATE his parental rights altogether? Has he paid support? Arizona defines abandonment as 6 months of no contact and no support. This would be an excellent option especially if you have a new significant other that you could claim was wanting to adopt the child.
OR, you can simply DEFEND any attempts he makes to gain access, and ask for continual supervision of any access.
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
facsimile 602-254-1229
see our website at www.familylawaz.com
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