Apache Junction, AZ asked in Child Custody and Family Law for Arizona

Q: With an OOP in place for me and my daughter, do I have a case to file for full custody?

I have an OOP in place against my daughters father for me and my daughter (3yrs old). It was granted due to him attempting to rape me (with daughter present, 1yr old at the time), sexually assaulting me and sexually harassing me on various occasions as well as drug use while my daughter was in his care. (No police reports, I was scared at the time to lose my daughter, but have proof via text conversation with my daughters father confirming what he did) He has not contested the OOP (he knows I have proof of these things) and it is due to expire in March. I would like at that time to file for full custody. In addition to the OOP he chose to have no contact with his daughter of any kind for 7 months prior to it being served and I have him on record confirming this time. He hasn't seen her in over a year and it will be 1 1/2 years in March.

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: That certainly is a case for full custody. If he's on drugs and tests positive, then it's an easy. A case involving sexual misconduct is sadly much more difficult because the evidence usually isn't as clear. I would recommend consulting with an attorney and discussing your evidence with them and start putting a game plan together to make sure you end up with full custody.

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