Legal Question in Family Law in Arizona
Trying to protect my daughter
My exwife and myself share joint custody of our 9 year old daughter. My ex lives in Maine and I live in Az. Our daughter lives full time with me. She will usually go see her mother for 2 months over the summer and for a week during Christmas. My ex has called asking what to do because she is being abused by her current boyfriend. This is also knowen by her parents and others. Do I have the write to prevent my daughter from going to see her mother this summer if her mother is still with her current bf? Can I condition her visit on havibg no contact with him? Is this as simple as a restraining order to protect my daughter? What should I do? If I send my daughter back there and he looses control and beats up my daughter I would never be able to live with myself. How do I keep her safe?
2 Answers from Attorneys
Re: Trying to protect my daughter
Thank you for your inquiry.
You are bound by the court orders, but you have the right to ask the court do modify the orders if you believe that doing so is in your daughter's best interest.
I offer a free initial consultation, so please contact my office to schedule a time that we can speak in greater detail. The sooner you move forward, the better chance you have of getting a resolution before the summer.
Sincerely,
Monica Donaldson
(480) 792-9770
Re: Trying to protect my daughter
You can absolutely take steps, whether by Agreement with your ex or by Court Order, to protect your daughter. An agreement would certainly be easiest, but if your ex is not willing to enter into one, you could pursue either an Order of Protection OR an Order Modifying Mother's access. I would be concerned about the enforceability of an Arizona Order of Protection IF she were to violate it in her state.
I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. 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 Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
-------------------------------------------
R. J. PETERS & 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
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
