Phoenix, AZ asked in Family Law and Child Custody for Arizona

Q: Can my husband be present during the drop off and pick up exchange with my ex?

My ex claimed he has an restraining order against my husband therefore my husband is not allowed at the drop off and pick up exchanges for the children. It has come to our knowledge that there is no restraining order nor injunction of harassment , we went to multiple courts where they can't find anything against my husband in the state of Arizona. Therefore is my husband allowed to be present during the exchanges?

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Arizona

A: If your current husband has not been served with notice of a restraining order and your ex cannot produce proof of such an order being in place, there is no legal reason your husband cannot be present during custody exchanges.

I would suggest he remain in the vehicle and not interact with the ex. Just because something is legal does not make it the right thing to do. If there is a way to conduct the exchanges safely without your husband present, you should attempt to make that happen. Engaging in behavior you know will anger your ex simply because it is legal is not a good strategy.

Your ex should not care if your husband is present, but he apparently does. I would recommend you do what you can to minimize friction. I always ask my clients to ask themselves if this is the hill they want to die on (so to speak).

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