Child Custody

questions & answers

Question: Hello If the mother of the child does not mention domestic abuse nor filed and order or protection during the initial custody paperwork (for example when the child is a newborn) can they later come back and claim domestic abuse happened during pregnancy by the father over 6 years later?

Answer: I think I know what you are asking, but my answer is based on an assumption that mom is seeking to modify custody or visitation and is using a 6 year old abuse allegation as her ammunition.  She can make allegations, but that doesn't mean the court will believe her and use that as the basis for a modification.  In a custody (now called legal decision-making) dispute, the court will consider all of the evidence.  It should look at your relationship with the child.  You may want to discuss your case with a lawyer to figure out your best options.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means  offers a one hour consult with an attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625. If you do  not have sufficient money to pay for a reduced fee consult, you can go elsewhere on this website and apply to see if you qualify for a free lawyer.  Go tohttp://www.azlawhelp.org/accesstojustice.cfm.

QUESTIONS

  • Hello If the mother of the child does not mention domestic abuse nor filed and order or protection during the initial custody paperwork (for example when the child is a newborn) can they later come back and claim domestic abuse happened during pregnancy by the father over 6 years later?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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