Legal Question in Family Law in Arizona
This is actually for my fiancé I wanted some advice to give to him, he was never married to his ex but they had a kids together the kids is almost 2 out of the time he has been here she has kept him a good 5-6 times from us using different excuses normally something like he is not stable or I have a history over 2 years ago I stopped but I use to cut and no longer do just have scars, him she says he has a temper but he has no violent history, then later that day txt him its because he does not get out of car to put him in car seat, I normally do to help out and so there is less confrontation between them. He did call her Petty cause he was upset and doesn’t feel him getting out of car to put the baby in car should symbolize that he loves him or not. Then she went back to using excuse that we are not stable. Question is do you think she would be able to get full custody or if we would be able to have the 50/50 we want? She already said she is seeing a lawyer for advice. My fiancé took her to court but they filed wrong paperwork instead of mediation they filed conciliation so judge dismissed it.
1 Answer from Attorneys
Please have him come in soon. We can certainly help him consider and then pursue his options, so that she cannot continue to play games. This is obviously a very important matter, and he should not go in alone.
She does not have the right to unreasonably restrict his access, and if she continues to do so, she herself could suffer repercussions. Do not allow yourself to miss irreplaceable milestones and memories. With your initial "Complaint in Paternity", also file a Petition for Temporary Orders. Such is the quickest manner of getting to see your Judge. OR, perhaps a strongly worded letter from an experienced attorney would convince her to act more reasonably.
Pursuant to Arizona law, your Judge will be required, consistent with the child's best interests, to adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. There is no way to predict exactly what a Judge will do. With most things being somewhat equal, our Court's certainly do order equal parenting time quite often. In fact, A.R.S. §25-403.02(B) requires the Court to adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time (so long as such is in the child's best interests).
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