Legal Question in Family Law in Arizona

My wifes parents are getting a divorce because her husband is very physical and verbally abusive to her. So she left him while she was on vacation. And has no contact with her. So he keeps calling my wife and his other daughter and we want nothing to do with him. So he keeps calling my wife and threatening to take us to court to get visitation rights . He is basically trying to get to the kids to get to her . He is very violent and has many mental issues so were are worried for thier. Safety!!! I done a little research but have nit got a real answer. So just wondering if he has a chance our not ???? Thank you for your time .. Matt


Asked on 7/26/10, 12:06 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

In AZ, a grandparent cannot petition for visitation if the children's parents are married to each other. Grandparent visitation is restricted to situations where the parents are divorced, were never married, or when one is deceased. You and your wife are not required to have any contact with her father, and if he persists in harassing you, you can consider obtaining a protective order to prevent the communication entirely.

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Answered on 7/26/10, 3:13 pm
Rich Peters R.J. Peters & Assoc., P.C.

He would not qualify to seek visitation since you remain married to your Wife. Constitutionally, you both have the right, as parents, to decide who gets to visit your kids, and when.

We can certainly contact him and demand that he "back off". You aolso could consider an order of Protection or an Injunction against Harassment if his behavior does not improve.

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 Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.comYou may benefit

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Answered on 7/27/10, 10:35 am


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