Legal Question in Family Law in Arizona
What is the necessary information to provide in a child custody case? I obtained emergency temporary custody of my children when their mother was taken to the hospital for a psychotic drug induced episode. In front of our 5 & 8 year olds and a 14 year old neighbor, she asked the neighbor to call 911 because she had worms coming out of her butt and pee pee. She did not appear at the first hearing, but called in. When the judge questioned her, she stated that the officer was lying and did not interview her until she was medicated at the hospital. She admitted to drug use and the judge ordered a hair follicle test within 7 days. He ordered that the children remain in my care until the next hearing on July 18th. If her hair follicle test is clean, then she must provide documents that she is under a doctor's care to determine what the cause of her psychotic episodes are. She was arrested after Christmas for assaulting our 8 year old and myself when I went to get the children when my daughter called me because she threw a pop can at her head. The charges were dropped because the can didn't actually hit her. She receives $2200 a month in child and spousal support. I was awarded our home, which was my grandparents, in the divorce. We agreed that she could continue to live in the home as long as she paid the $700 mortgage. She didn't because she was using the money for drugs. I lost my grandparents home because she wouldn't quit claim it to me so I could refinance. I have to represent myself because I cannot afford an attorney. My sister loaned me $5000 for the divorce and I live in her rental home for free or I would be homeless. I am a truck driver and work is every slow in the summer and half of my paycheck goes to my ex-wife through payroll deduction. She lied to her mother and told her I wasn't paying her to get money. My mother told her mother that it comes out of my check and that she is lying. I have even had to pay the electric and water bills because she was delinquent. I am paying for her expenses on top of support for my children's welfare. I am seeking primary custody with her having the same visitation that I did. The judge stated that he may have to impose supervised visits on her.
1 Answer from Attorneys
I am sorry, but there is no way I can prepare you for trial via email. My simple answer is to insure that you have an outline of the most important points you want the judge to know, and then gather whatever documents and witnesses there are to support those points.
We can certainly help you consider and then pursue your options for trial preparation. This is obviously a very important matter, and you should not go in alone.
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 Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
Fax (602)254-1229
www.familylawaz.com
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