custdoy laws arizona

[dagonet]

hi me and my wife split and she put a false order of protection on me i have no domestic violence reports, complaints or any arrests why she did that i dont know all i did in the courts was to take my kids off and it was grainted. i was the stay at home dad, but i let her have the kids the weekend that we split. so they got to stay there. I was talking to a lawyer and he said since there is no costudy order yet that i can keep my kids when she drops them off. she i staying in a four bedroom house with ten poeple. she also has and ungraurded pool and she leaves them with a 18 girl who all ready has a kid and now has to wacth my two kids. the 18 year old is also part of a gang she has been shot but has got her life around for a year now. so what im asking is that if i keep my kids and not return them will i go to jail? thankyou for your service by the way.

[retdetsgt]

With no court order, you both have equal rights to the kids. Get to court and get something right away. The police will only referee and the kids will suffer from it.

[Cat_Doc]

The lawyer is correct; as long as you are the biological father listed on their birth certificates, you were legally married and there is no court order regarding child custody.

Be aware that Arizona leans heavily toward the biological mother having primary custody, especially if she can financially provide for them. If you are a stay at home dad and not earning an income, I foresee an uphill battle for you. You did not describe an environment that would cause the police to intervene. Outside of identified criminal activity, the police would only call CPS and turn it over to them.

As mentioned, you should contact and retain an attorney to fight for you.

By the way, you should read that Order of Protection again. It will have an affidavit attached indicating the specific allegations made by your wife and it gives you instructions on how to schedule a hearing in front of the judge to contest the order. You only have a short window of time to do this, so read the order again or call the issuing court and let them know you want to contest the order.

[greg72982]

The lawyer is correct; as long as you are the biological father listed on their birth certificates, you were legally married and there is no court order regarding child custody.

Be aware that Arizona leans heavily toward the biological mother having primary custody, especially if she can financially provide for them. If you are a stay at home dad and not earning an income, I foresee an uphill battle for you. You did not describe an environment that would cause the police to intervene. Outside of identified criminal activity, the police would only call CPS and turn it over to them.

As mentioned, you should contact and retain an attorney to fight for you.

By the way, you should read that Order of Protection again. It will have an affidavit attached indicating the specific allegations made by your wife and it gives you instructions on how to schedule a hearing in front of the judge to contest the order. You only have a short window of time to do this, so read the order again or call the issuing court and let them know you want to contest the order.

Here in PA when you first get a PFA (protection order) it will usually include a section that gives what the child custody arrangements are until a final order is granted. I take it AZ doesnt do it that way??

[Cat_Doc]

Here in PA when you first get a PFA (protection order) it will usually include a section that gives what the child custody arrangements are until a final order is granted. I take it AZ doesnt do it that way??

The minor children can be listed as others protected. Actual custody orders come from the Superior Court level.