Q: Divorce, child custody issue due to husband's instability and drug use.
My husband and I are in the middle of a divorce, and he is demanding visitation with our daughter. He is unstable and a drug addict, with a history of documented incidents involving his substance abuse. We do not have a formal custody agreement in place, and I have been our daughter's primary caregiver. She and I are currently living with my mom, while he has his own place. Although there was a CPS case against him, it has now been closed. Given these circumstances, does he have rights to take her, and should I file for temporary custody?
A:
If you believe your daughter may be harmed if Father exercises parenting time, then YES, you need to seek temporary and/or emergency orders. Such is the quickest manner of getting to see your Judge. OR, perhaps a strongly worded letter from an experienced attorney would convince Father to make more reasonable requests.
Pursuant to Arizona law, your Judge will be required, consistent with the child's best interests, to adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. There is no way to predict exactly what a Judge will do. Your goal would be to paint an overall picture of your concerns regarding Father.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
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