Legal Question in Family Law in Arizona
Testing the Word of a 4 year old
I am engaged to a man that has been divorced for over a year. His ex is extremely bitter. They have a four year old sweet little girl. We live in Colorado and his daughter and ex live in Phoenix. They share custody- She visits at least once a month and after her last visit her mother has formulated a story about me treating her bad (she 'said' I locked her in a public bathroom- is this even possible?) I have nothing but love for this little girl, and on the specific instance that she speaks of, one of my close friends was with me. When her dad approached her, she said 'my mommy asked if she locked me in a bathroom and I didn't know what to say' She told us that I never did it (which I didn't)...
The point- her mother is attempting to keep me from seeing her. She is threatening legal action because ''She is not afraid to protect her daughter''
If anything, we are the safest ber-Her mother parties and drinks and still lives with her parents at 27 years old while my fiance pays over $1300 in child support each month. She is threatening to take his visitation away.
My question- will his ex's 'story' hold up in court if she attempts anything? Does she have any grounds for testing custody rights? She is just bitter
1 Answer from Attorneys
Re: Testing the Word of a 4 year old
She can of course make false and ridiculous allegations. Unfortunately it happens every day. Whether her allegations will result in any changes regarding Father's access depends upon the believability of all evidence presented. The 4 yr old MAY be interviewed, but I doubt a Judge would lean heaviliy on anything said one way or the other.
It may be a good time for Dad to consider seeking changes as well.
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/s/ Rich J. Peters, Attorney
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