Los Angeles, CA asked in Family Law for Arizona

Q: My wife left a month ago and has had no contact without 3 year old son. She will now show up with police to take him.

She relapsed on drugs two days after leaving. I fear for my sons safety if he is alone with her.

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

A: You have a couple options: (1) you can file an emergency with the Court to get emergency custody of your son. A petition, either for divorce or legal separation, will need to be filed at the same time, and you will probably want to file a motion at the same time for wife to submit to drug testing, including a hair follicel, or (2) you can see what the police do. Police are a wildcard, and it may depend on what officer you get, but most likely, the police will tell her it's a civil matter and to take it up to the Court. But like I said, police are a wild card, and they act sometimes even when they shouldn't, and they do tend to side with mothers.

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