Legal Question in Family Law in Arizona

can custody be granted without my consent

I was locked up for 1 1/2 yrs. My wife applied and got assistance from DES. She has been living with another man for over a yr. Hes a herion addict and mentally instable, as there has been numerous sucide attempts as recent as 1 month ago. I want a divorce as she has no intentions of getting one. She is threatening me to take son (3 yr. old) out of state if i dont pay her $100 every week. She seems to assume I have no rights. I want to get custody as she and her friend do drugs and have had numerous past and recent police contact for domestic violence. I have called CPS to report concerns last week. She said I owe bavck child support and she dares me to take her to court. Did DES give her rights I dont have? How can I find out. Its a mess over there...I want my son out.


Asked on 7/06/03, 12:59 pm

1 Answer from Attorneys
Chuck Saigh

Re: can custody be granted without my consent

This is a multi-question with many possible answers. Basically mother does have custody fo the child, because child lives with her. However you have rights to your child.. first question was child born during the marriage? if so you are legal dad. You might owe back child support however if you were incarcerated it might be zero, depending if there was a court order. You have all the rights to file the proper paper work with the court to get custody of your child. and if mother and her boy friend are drug addicts, you have may have an excellent chance of getting custody.

Read more
Answered on 7/07/03, 11:06 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona