Legal Question in Family Law in Arizona

A year ago I filed a report with the police because my son recieved a suspicious bruise while in his father's care. The bruise was in the shape of a large hand on his neck and shoulder and I was suspicious because I know his father has a temper. Last week his 5 month old daughter recieved a head injury. Her skull was fractured in seven places and she was in his care at the time. He is now under investigation by Child Protective Services and they have petitioned the court to have him removed from his children for at least six months. I have primary physical custody and joint legal custody of our son. I worry about him. He is 5 years old and has been saying he doesn't want to go to daddy's house because daddy is mean since he was two. Is there anything Ican do during this time? Do Ihave to wait for the report to be completed by CPS? Can I seek sole custody?


Asked on 1/25/10, 7:46 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

As difficult as it may be, probably your best course of action at this point is to let things run their normal course. Be cooperative and patient. Let CPS finish its investigaiton and make its recommendation to the court. Let the court rule. Then once a temporary order is in place for your to have sole custody, you can seek to modify to make it permanent.

Best of luck!

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Answered on 1/30/10, 8:52 pm
Rich Peters R.J. Peters & Assoc., P.C.

You can, and should, seek an immediate, emergency modification.

We can certainly help you consider and then pursue your options.

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 ASK FOR ATTORNEY CARLIE OWSLEY WALKER, who I think would be aperfect fit for this matter.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ 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.com

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Answered on 2/01/10, 9:03 am


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