Legal Question in Family Law in Arizona
minor restraining order
there was a divorce with a child involved. The father has been absent from the childs life for 14 years, with no contact. The father is terminoly ill with cancer, he has located his daughter. She wants to see her dad but the mother is getting a restraining order against him so he cant see her. She will soon be 16 years old.
3 Answers from Attorneys
Re: minor restraining order
The body of this question does not indicate who is seeking legal advice: the father, the mother or the daughter. The substance of the law is the same for all three parties, but the advice will depend on who is seeking to take action.
If this is a case that is or will be filed in Arizona, please feel free to contact me to provide additional information.
Monica H. Donaldson, Esq.
Re: minor restraining order
Ultimately, a Judge will have to decide what exactly is in the child's best interests. I believe the child's desires will carry a good amount of weight in such a decision.
I am not sure exactly what your specific question is, but would be happy to discuss the issue further. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail. Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
Re: minor restraining order
You did not state the reason that your mom does not want you to visit your father. If her reason is merely that she is mad at him it is unlikely that the court will issue the order. If the reason involves safety then the court may issue the restraining order. You should either talk to you mom or have an influential relative speak to her. You should be allowed to have this visit unless there is no way to insure your safety.