QUESTION
My fiance is wanting to fight for custody of his two sons....is it possible
Asked on Dec 21st, 2015 on Child Custody - Arizona
More details to this question:
Well me and my fiance have been together for 2years now and his ex (not married) has threatened both of us plenty of times. The reason is she had made rules for him no girlfriend, no sex, no other girls around their kids, only her. He was completely done with her. His 2 children were put in the middle of all this she told the kids he didn't want them no more, that he wasn't their daddy, n etc. But all he wants his to have his kids with him he cries n misses them and wants to see them. We're stable, have a home, car and jobs but the mother kept the kids away from him. He has attempted plenty of times to work things through with her about visitation but every time she agreed he would get their n she would just manipulate him n tell him no and start arguments. Kids were unsafe there she worried about drinking and doing drugs n always left them with her mom. now she moved out of state by herself n left the kids with her mom.does he still have a chance to fight for them.
1 ANSWER
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Your fiance has rights. He needs to pursue them through the court so that there are clear orders for when he has the children and when mom has the children based on the best interests of the children. A parent has prior over a grandparent, under the law. Regardless of the reasons, if he has not spent time with the children in awhile, it may be in the best interest of the children that there be a transition period. This will depend on the current circumstances.
Your fiance needs to be prepared to follow through. Having an attorney and other supports at the beginning of his case can help him to that. He can also learn how to deal with mom so that, in the future, he will know when he needs and attorney or can use court services to have the court orders followed.
If the children are currently living with grandmother, do you know whether she has been given any legal authority? Schools and doctors are supposed to make sure that the person that has the care of the children has the right to make decisions for them.
Current Arizona statutes recognize the importance of having parenting orders that are followed so the children have a predictable schedule and regular access with parents. Since mom moved out of state, she should be ordered responsible for her costs to see the children.
The specific facts will be important in deciding what options your fiance has. I encourage he meet with an attorney. Our firm handles family law cases and offers an initial 1/2 hour consult at no charge. Marie Zawtocki, Attorney 480-655-0733
Answered on Dec 21st, 2015 at 9:34 AM