Legal Question in Family Law in Arizona

Can I bring my 16 year old son to visit a loved one in a state prison without his father using it against me to try to get custody of my son? I live in AZ and have a standard joint-legal custody agreement. My son lives with me and his father lives in another state.

Asked on 4/02/14, 9:41 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

While there is no way of knowing whether father might try to use anything "against you" to try to wrest away primary custody of your son, I doubt that visiting a loved one in prison constitutes child abuse. The court would likely see it that way as well, especially since your son is rather mature (16 yrs old, as you say). Best of luck!

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Answered on 4/03/14, 7:16 am
Monica Donaldson Stewart Donaldson Stewart, P.C.

From a legal perspective, I don't see any reason to be worried about taking your son to see someone in prison unless, for example, you or your son were a victim of the crime for which the person was imprisoned. I also think you need to consider whether the visit is in your child's best interests. You did not indicate whether the "loved one" is a relative or a family friend or someone the child has ever even met, so as long as you are not acting in a way that is contrary to your child's best interests, you should not have a problem with the father even if he does try to use this against you.

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Answered on 4/03/14, 10:02 am

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