Legal Question in Family Law in Arizona

Decisions regarding parenting time should be made in the child's best interests. Unless there is some reason that you believe it would be detrimental for your son to spend time with his father (drugs, child abuse, etc.), then you should try to work out some sort of regular schedule for parenting time.

If you were never married, and if your son has been with you for the greater part of the last six months, then you do have legal custody (until there is an agreement or court order otherwise); however if you "call the shots" in a way that unreasonably limits or restricts the father's assets, that can be used against you when the court makes final custody/visitation orders.

The court offers mediation services to parents who are trying to work out visitation plans. It's not free, but it is a good first step in trying to reach an agreement without involving the judge.

As the previous attorney advised, it's best to try to work out a visitation schedule between the 2 of you. Unless there is true safety concern, building up to regular visits with his or her father is probably in the child's best interest.

I don't practice in Maricopa County so I would not be able to represent you. You could consult with or hire a locate Family Law attorney. People also represent themselves in court. You should check out the free forms at the Maricopa County Self Service Center online at http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/. You can request Mediation Serviced, you will both have to attend Parent Education Classes. There will be fees for most of these, but you might qualify for Deferral, the forms are on the website.

Good Luck,