Detroit, MI asked in Family Law and Child Custody for Arizona

Q: Do I have to allow my sons mother to see him, since she been gone for over 7 months we have a court date on the 3rd of

April? She has not seen him, the court denied her request to move him out of state to Ohio when she decided to leave because she was pregnant again by someone else. He is only a year and a half and she has not seen him since last September 2017. No gifts, visits, or anything. I have no address for her in Arizona, but she wants to see him the day that was previously in our parenting time. I have petition the court for child support and full custody because she has been absent from his life.

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1 Lawyer Answer

A: If there is a court order in place for custody/parenting time you should follow the existing court order unless doing so would endanger your child. If there is no court order in place, allowing supervised visitation for mother is still a good idea. You are seeking full custody of your son from the court. One issue a court might be concerned about is which parent is most likely to provide parenting time to the other, non-custodial parent. Refusing a reasonable supervised visit could give mother an issue she would not otherwise have.

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