questions & answers

Question: I have a 4 year old, the father has been in prison for 4 yrs. His name isn't on the birth certificate, paternity has been established. went to court for child support. judge verdict; im financially responsible untill dads released.father was released dec 2012.we tried to work it out.I was the sole provider for him and my son financially.Father became physically abuse(towards me) had black outs, son was almost hit with a rock the last incident. no report filed , we moved states. dad is in prison till aug 27 2013(unrelated), what is best solution? full custody and restraining order??

Answer: Although I cannot provide legal advice, the court will determine custody based upon the past, present and potential future relationship with the child (ARS 25-403) They will also take into consideration the mental and physical health of both parents involved. Thus, in a situation of domestic violence, sole custody would be very easy to obtain. To file an injunction against harassment (restraining order), the court will determine if harassment has occurred, and if it has, will prevent it and prevent contact, visitation to the resident's home, etc. (ARS 12-18). For more information on the benefits and repercussions to these decisions, please contact an attorney. http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=25

Question: I have a 4 year old, the father has been in prison for 4 yrs. His name isn't on the birth certificate, paternity has been established. went to court for child support. judge verdict; im financially responsible untill dads released.father was released dec 2012.we tried to work it out.I was the sole provider for him and my son financially.Father became physically abuse(towards me) had black outs, son was almost hit with a rock the last incident. no report filed , we moved states. dad is in prison till aug 27 2013(unrelated), what is best solution? full custody and restraining order??

Answer: Although I cannot provide legal advice, the court will determine custody based upon the past, present and potential future relationship with the child (ARS 25-403) They will also take into consideration the mental and physical health of both parents involved. Thus, in a situation of domestic violence, sole custody would be very easy to obtain. To file an injunction against harassment (restraining order), the court will determine if harassment has occurred, and if it has, will prevent it and prevent contact, visitation to the resident's home, etc. (ARS 12-18). For more information on the benefits and repercussions to these decisions, please contact an attorney. http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=25