Avondale, AZ asked in Family Law and Child Custody for Arizona

Q: my 8yr old dont like going to her dads now he want to take me to court, but i dont keep her from him she goes most times

he wants to take me to court because she dont like going over for good reason. his name isnt on her birth certificate and he dont help me financially. we have been doing a week on a week off for the past year and before that it was every other weekend and every Tuesday. i deal with all the parenting stuff myself school doctor and urgent care visits. he owns his own business and properties and still i ask for nothing and he dont offer maybe $100 here and there . im scared that he has the finances to get her more then i already allow. what can i do to cover my bases for the best interest of my daughter and her safety. i never intended to take him to court this is what he says he is going to do. i am a single mom doing this on my own and i dont have the money to file i dont know how this whole custody and child support work so im freaking out. i really just want to cover my bases.

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2 Lawyer Answers
Randi Sirlin
Randi Sirlin
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: If there is a court order in place for her to go, you need to let her go unless he truly is a danger to her. If that is the case, you should file a Petition for Order of Protection and put her on it. She sheriff will serve it at no cost to you. There is no cost to file.

You must allege that your daughter will likely suffer irreparable harm in his case.

Peter H. Westby
Peter H. Westby
Answered
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: If there is no court order in place for parenting time and child support, I strongly recommend that you obtain one. You can use the forms and instructions on the Maricopa County Superior Court Website. You need court orders in place to give you the certainty that you need and your child is entitled to regular and meaningful support from her father.

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