Phoenix, AZ asked in Family Law for Arizona

Q: How do I go about seeing my kids if they are with their mother and the mother has a order of protection against me?

She has the kids all the time and nothing through the courts yet about custody or visitation.

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2 Lawyer Answers
Stephen M Vincent
Stephen M Vincent
Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: Your first step should be to consult with an attorney about the situation and have them review the Order of Protection with you. Likely (though we can't be sure until we read it), there's an exception to the order to allow to have time with your child.

The next step would be to go to Court to file to establish legal decision-making, parenting time, and child support. This is essentially to establish and protect your custodial rights. You may also want to consider filing for temporary orders.

IMPORTANTLY: Do not file to challenge the Order of Protection until you've consulted with an attorney. I strongly recommend you consult with an attorney ASAP.

Mike Branum agrees with this answer

Mike Branum
Mike Branum
Answered
  • Saint George, UT
  • Licensed in Arizona

A: If you cannot afford an attorney, however, DO NOT miss the deadline to oppose the protective order. Even if you agree to leave the order in place, you need to get before the judge and ask for a modification to allow you parent time. If there are allegations of violence, you may be constrained to supervised visitation until the matter is resolved.

As Mr. Vincent stated, you really need a good family law attorney. Unrepresented parties historically do not fare well in these situations.

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