Legal Question in Family Law in Arizona
If I have never been married, dont I hold sole custody of my children? If I hae been away, due to incarceration, and regularly maintained power of attorney documents for my children every six months, do I not have the right to go for them when I am a rehabilitated citizen? I was released in july 2010, and agreed that my children could finish school with their fathers family, only because I knew that I had to get established before moving them, but since then and being out, everytime that Ive tried to see them I get the run around. Also I am avoided. Recently as I had been planning to go for my babies the same week I received a call from them in which I witnessed abuse while on the phone. I drove straight there. On arrival, I was refused my children. Law enforcement of course, wer called out, and surprisingly told me that I had to leave my son and petition the court. Why do I need to petition anyone if I am their parent. I was never married to their father. He has never taken part in their lives and he is incarcerated until 2016, and will then be deported. His parents and family are not citizens, only here with a visa, and I have never relinquished any rights. This family blatantly stated that they do not want my daughter, only my son. So is it within my right to file charges? I dont understand why the police would allow me my daughter and make me petition for my son. This family is using my children for a crutch and the police are enabling them. They did not even take a report on the abuse. What are the laws on unmarried mothers and custody? I believe that I am being discriminated against by the police in this town because it is where I was arressted, but my arrest came from the association with the father. I am now established for them and I have learned my lesson and paid my debt for the bad choice I made. How can they be allowed to get away with this?
1 Answer from Attorneys
If the police are not simply returning them, YOU DO NEED TO FILE A PETITION in the Family Court.
We can certainly help you consider and then pursue your options for modification. 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 Alicia 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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