QUESTION
If I'm still married but separated and I don't feel my husband has a safe place for our son, am I wrong for keeping him away?
Asked on Dec 17th, 2013 on Child Custody - Arizona
8 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You don't say if the father is asking to have the child. His rights are the same as yours so he is free to take the child or go to court to have a parenting plan established. That's what I would suggest you do. File for a legal separation (or divorce) and make a motion for temporary orders to get a temporary parenting plan and child support. In the motion, explain your concerns about the father's home and create a plan that allows the child to spend time with the father without being in an unsafe place. It's always possible to do that. It may take a little creativity.
Answered on Dec 20th, 2013 at 5:09 PM
You have the right to do what you think is best for your child. If he challenges you in the court, just go to court and tell them what you did and why. Right now, there are no court orders. If you file for divorce, you can get them. The court would order visitation for him, but would insist that he provide a safe place for the child.
Answered on Dec 20th, 2013 at 5:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That depends, if there is a court order in place it must be honored. Get an attorney and get to the court and attempt to have a temporary order entered most favorable to your position.
Answered on Dec 20th, 2013 at 5:03 PM
Bruce Provda
If the court has ordered a visitation you need to comply or make a motion to modify it.
Answered on Dec 20th, 2013 at 5:03 PM
Your opinion and reality may or may not be the same. Is CPS involved? Is your separation peaceful? The best way to resolve a custody dispute is to base your decisions on what is in the best interest of the child. Children always want to be close to both parents.
Answered on Dec 18th, 2013 at 11:35 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You are not wrong, but if he gets possession of the child, he could keep could keep him away from you. Right now, you each have the right to custody of your son. If you really want to protect your son, either get a protective order, if the criteria applies, or file for divorce and ask for temporary orders restricting dad's right to custody.
Answered on Dec 18th, 2013 at 10:49 AM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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Of course not but without court orders defining your custody and visitation agreement you can't control the situation
Answered on Dec 18th, 2013 at 10:48 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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Generally-speaking, you should allow access and encourage contact between your son and the Father. If there is a situation that poses harm or potential injury to your son, then it needs to be addressed; as you do not want to be accused of "failing to protect". I would suggest talking to an attorney to discuss what the circumstances are and what you should do to protect your son and yourself from legal consequences. Our firm offers free ? hour consultations. Just call 480-366-5780 to schedule a time.
Answered on Dec 18th, 2013 at 10:47 AM