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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14511
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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Hello, my name isXXXXX ex-girlfriend and I had

Resolved Question:

Hello, my name isXXXXX ex-girlfriend and I had a daughter out of wedlock and broke up. We went to court and saw a mediator. A joint custody order was granted on Dec. 12, 2012. Since that time, my daughter's mother (Katrina) has been arrested for assault, lost her job, been evicted from her apartment, had her car impounded and phone turned off. Katrina hooked up with a boyfriend that got out of prison, turned her onto drugs (Katrina's mother has even stated this) and beat her up. She calls about every 2 weeks and says she is coming to my home to visit our daughter but then never shows up or calls. I am afraid for her to even take our daughter away from supervised visits if she were to get a ride. Our daughter is 4 and does say that she does not want to see mommy. I need to know what alternatives I have. She could still at this point have a police officer come with her and have every right to take our daughter for her visitation days. This is what I am afraid of. Someone mentioned to me that I could file for Emergency Custody but I don't know what forms I would need if you think this would be wise. I live in Phoenix, AZ, Maricopa county.
Submitted: 10 months ago.
Category: Family Law
Expert:  Legalease replied 10 months ago.

Hello Larry -

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I am sorry to hear about this but happy that your daughter is in a safe place (at least your ex has that much sense at the moment). Can you tell me if your name is XXXXX XXXXX birth certificate and/or is you have executed official paternity papers so that the law will recognize you as the biological father if you apply for custody? (I cannot tell you how many fathers do NOT do this properly, and that is why I am asking).

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Please bear with me if it takes a few minutes to get back to you on this -- I could have stepped away or am assisting other customers but I am online for several more hours.

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MARY

Customer: replied 10 months ago.

Yes my name is XXXXX XXXXX birth certificate and paternity has been established

Expert:  Legalease replied 10 months ago.

Hello again Larry -

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Good. Under the circumstances you have every right to apply for an emergency custody hearing at your local county family court. What you need to do is go to the clerk's office of the county family court and ask them for the paperwork to apply for custody of your child -- they should be able to give you that paperwork without a problem and assist you in completing it or refer you to someone who can help complete it (there are usually volunteer lawyers who assist at the family courts and can give you some guidance and direction without costing a fortune). THe court will set a date within a week or so and under the circumstances, where the mother cannot be found at this time, the court should have no problem with awarding you custody (if mother wants to object then she must file a response but if she does not then you will have no issues here). Even if mother objects, so long as you have some witnesses regarding what has been going on that are willing to come to court with you on these matters, I see no problems with your getting awarded full custody and if she gets any visitation at all, it will most likely be supervised through the court.

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My suggestion is that you get to the court as soon as possible to get the paperwork and complete it and then you will be on your way to protecting your daughter. Please let me know if you have more questions.

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MARY

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Please press the 3rd, 4th or 5th smile face below so I will be given credit for assisting you today. I will not receive any credit unless you press a positive rating below. THANK YOU

Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14511
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
Legalease and 5 other Family Law Specialists are ready to help you

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