QUESTION

canswering questions about my criminal hjistory to my ex''s attorney in a child custody case, I am filing for joint phs and legal custody.

Asked on Dec 19th, 2011 on Family Law - Arizona
More details to this question:
I have a criminal history from 5 or 6 years ago, my ex''s attorney is asking about it in the intertrogetories and discoveries. I feel like the question is irrelavent to the case because my daughter was not in my custody at the time due my parenting time being suspended . I also am very embarressed about it and want to protect my privacy from my ex. What can I do? Is there a limit to how far I have to go back? can I protect my privacy from my ex? Also I do not have drug charges or domestic violence. But I did use drugs here and there in my past...do I have to answer questions about drug history? what constitutes a drug history?
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1 ANSWER

Laura Monte
Arizona Rules of Family Law Procedure (Rule 61) require you to give complete and honest answers to whatever they opposing party is asking provided that it fits your particular case.  Whereas you may consider your past criminal and drug history irrelevant, the judge, in determining child custody, can consider a parent's past in making decisions.  As for how far you have to go back, any criminal charges you obtained (if any) as a minor are sealed and therefore do not have to be disclosed.  As for protecting your privacy, your criminal history is public record, therefore your ex can find out through other avenues.  The worst thing that you can do is lie when answering the discovery requests.  This is frowned upon by most judges in Arizona.  Drug history consists of any illegal substances that you have ingested in the past.  Therefore if you started using drugs at 16, that should be disclosed, regardless of age.  You may also want to point out how long you have been clean from drugs or if you successfully completed drug treatment.  This will help the judge in deciding custody as well. *The answer provided is merely informational only and does not create an attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed only in the State of Arizona.  Her comments provided here are based on Arizona law or case law ONLY.*
Answered on Dec 26th, 2011 at 1:15 PM

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