Q: I’m looking for insight to obtaining custody of my child
My ex wife and I share custody of our son. When she initially wanted to leave, she was going to do so without any type of agreement. I put an order in place to prevent her from leaving with my child, then she turned around and put a restraining order on me, that was thrown out in court. We came to an agreement, she left the state, and we share visitation. Since, she has accused me of abuse, and since this past Christmas was here, she was able to take 2 weeks away from me. After she got back to AZ, she put another order in place for the same thing that was thrown out here. I flew out to AZ and it was thrown out since she had no hard proof of abuse and the case here was thrown out. Now that he is with her, she doesn’t allow me to speak with him, will not tell me where he resides, where he attends daycare, and has lied to child support about having a job, but when she was questioned by an AZ officer, she stated she was working I’m wondering if I have any real change of gaining custody
A: You likely would have likely had a better chance had you gone for custody from the beginning. If the child has been in AZ for at least 6 months, jurisdiction may be out there now which will likely put you at a disadvantage having to travel out there for hearings. You should consult with a local family law attorney who can review you situation in detail and lay out your options for you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.