Legal Question in Family Law in Arizona
I have been married for 10 yrs and would like to file for a divorce. I have encountered a problem. I have custody of my niece since she was born 13 yrs ago. My husband has been father to her for the past 10 yrs. I would like to list her in the divorce papers so that he has visitation with her as well as her sisters(cousins). How do I do that?
2 Answers from Attorneys
More information is needed as to whether you or your current husband ever adopted the girl. If not, you cannot include the child in visitation requirements since she is not legally yours. You may want to finalize the adoption now before the divorce is final to determine who has custody of her and also who has visitation rights.
Best of luck!
As far as HOW to raise the issue in the Petition, you can write it as simply as you wrote it in your question. However, the OCurt will then need to more to determine whether the Court has the legal ability to grant him access rights.
We can certainly help you consider and then pursue your options.
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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ 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