Legal Question in Family Law in Arizona

It depends on whether the child is covered by the OOP. If so, then no, he cannot get any parenting time, even on a temporary basis. But if his child(ren) is(are) not a protected party, then he could. It would be advisable for him to consult with a family law attorney well versed in child custody to discuss his options. Best of luck!

Your son, or you, will need to retain a qualified family law attorney, custody lawyer, or father's rights' attorney who will research if they can defend your son against the Order of Protection, if he is still eligible to do so, and defend him in the Paternity suit. The first thing would be to request a hearing on the Order of Protection to request the court to remove the child from the Order of Protection, if there is evidence to prove that the Order of Protection should not include the child, or if no basis, have the Order of Protection dismissed (If the Order of Protection is a one-year Order, it is more difficult to accomplish this).

Further, if there is no conviction of family violence, your son may be able to obtain court ordered parenting time/custody with his child. However, if the Order of Protection includes the child, the Judge will suspend any right that he has to parenting time with the child until the child is no longer included on the Order of Protection, and so long as there was no evidence that your son harmed the child. Yet, even then, if the Order of Protection expires, your son may be able to get supervised visitation, so long as the injury to the child, if any, was not serious and the court rules it would be in the best interest of your son to see his child.

Next, and as I am a Grandparent Visitation and Custody attorney, if you had a relationship with your grandchild, before the Order of Protection was issued, an experienced custody attorney or family law lawyer could file a Petition in Intervention into your son's Paternity suit, or they could file a separate suit on your behalf, so that you can seek court ordered visitation with your grandchild, as you are not included in the Order of Protection and as I would assume, you did not harm the party or the child, if included?

However, if the court grants your Petition in the best interest of the child, until the child is removed from the Order of Protection or the Order of Protection expires or is dismissed, you will not be able to allow your son to be around the child, when you have your court ordered visitation times with the child.

Goldstein & Scopellite, PC has qualified Paternity attorneys, custody lawyers and family law attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.