Legal Question in Family Law in Arizona

Mother has 4 nights visitation each month. Has failed to follow through or even contact kids or their dad who has sole custody. She filed mediation papers. Can a document be signed in front of the mediator saying she will voluntarily relinquish her rights if the children's dad will not press charges? The daughter was abused mentally and physically, she has pictures but nothing was said until now. Son is 12, 13 in November. Daughter is 17, 18 in October.

Thanks


Asked on 7/31/13, 7:17 pm

1 Answer from Attorneys
Rich Peters R.J. Peters & Assoc., P.C.

The mediator likely will not be willing to negotiate TERMINATION of Mother's rights. That may need to be something negotiated outside of the mediation. Also, what charges is Dad contemplating? Please be careful in that regard. Making requests in return for not pursuing criminal charges can be considered extortion.

Please come in soon. 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 Paige or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004

(602)254-7251

Fax (602)254-1229

www.familylawaz.com

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Answered on 8/01/13, 11:53 am


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