QUESTION

when a non physical custody parent is jailed for violent crime would this allow custody to be removed in a case

Asked on Jul 09th, 2015 on Child Custody - Arizona
More details to this question:
ex went to jail during a visitation session with child for violently destroying house and domestic violence during a unsupervised visit and child witnessing it all i need to know if this is grounds for custody removal for the welfare of child i understand this would be done inn a court but would this be grounds to get a god case going
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1 ANSWER

If proper paperwork is filed with the Family Court in Arizona for modification, the Court has to consider the best interests of the child, including consideration of whether the child has witnessed or been affected by domestic violence.  If the violent parent is being released from jail or prison, the other parent should consider filing a request for an emergency temporary order in the family court that will limit the violent parent's access to the child.  An Order of Protection can be obtained from the Superior Court while the Family Court matters are being pursued, but the Superior Court can only put the child on a protective order in limited circumstances.  The family court judge is the most appropriate person to address changing of the family court orders so that the child is protected. 
Answered on Jul 09th, 2015 at 4:21 PM

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