Los Angeles, CA asked in Animal / Dog Law, Child Custody and Family Law for Arizona

Q: If my child’s father is abusive to his dog, will I be able to get sole custody of our baby

1 Lawyer Answer

A: It's unusual, but it's possible. Animal cruelty is one of the listed crimes under the domestic violence statute. It may depend on whether his actions meet the standards of animal cruelty (see ARS 13-2910) and whether those actions are significant enough to impact what should happen with legal decision-making (i.e., formerly legal custody) and parenting time (i.e., formerly physical custody). If his abuse rises to the level of domestic violence, it does not necessarily mean that you'll win, it just creates a presumption in your favor regarding custody.

I would recommend you consult with an attorney before taking any action.

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