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  #1  
Old 11-04-2009, 08:14 PM
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What are my rights in Arizona


Arizona

I have recently married a man who has been seperated from his son for a year due to his ex's mother filing for restraining orders. We have been visiting his 2 year old son for two months now and we have JUST been informed that his ex (the sons actual mother) has lost custody of the child due to being turned in for child abuse. She signed over the child to her mother who has told us that she refuses to discuss joint custody.

I am very concerned for the well being of the child. The childs mother lives with the grandmother and the child as well. So despite the mother being turned in for child abuse, the child is still living in the same household with the mother who was turned in for child abuse. How this got through/past the courts I'm still not sure, but my husband was never informed that the mother was ever turned in for child abuse in the first place so he could not attempt to claim custody when it was all going on.

With the grandmother now having custody (or so they tell us) what are our rights? The father is still the father and having never been informed at the time, can't he now go to the courts and file for custody? Would he have a chance to get his child back?
  #2  
Old 11-04-2009, 08:24 PM
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Quote:
Originally Posted by EffluoSmaragdus View Post
Arizona

I have recently married a man who has been seperated from his son for a year due to his ex's mother filing for restraining orders. We have been visiting his 2 year old son for two months now and we have JUST been informed that his ex (the sons actual mother) has lost custody of the child due to being turned in for child abuse. She signed over the child to her mother who has told us that she refuses to discuss joint custody.

I am very concerned for the well being of the child. The childs mother lives with the grandmother and the child as well. So despite the mother being turned in for child abuse, the child is still living in the same household with the mother who was turned in for child abuse. How this got through/past the courts I'm still not sure, but my husband was never informed that the mother was ever turned in for child abuse in the first place so he could not attempt to claim custody when it was all going on.

With the grandmother now having custody (or so they tell us) what are our rights? The father is still the father and having never been informed at the time, can't he now go to the courts and file for custody? Would he have a chance to get his child back?

is your husband even remotely concerned? or just you?

how has mom been able to get restraining order after restraining order on dad? what did dad do to the child?

and grandma might be acting as the supervisor for the child which could mean mom was never charged with abuse, but is under a parenting plan. which requires a supervisor.

once CPS is involved, CPS's main goal is reunification with the parent. dad seems not to have been paying too much attention.
  #3  
Old 11-04-2009, 08:34 PM
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Quote:
is your husband even remotely concerned? or just you?

how has mom been able to get restraining order after restraining order on dad? what did dad do to the child?

and grandma might be acting as the supervisor for the child which could mean mom was never charged with abuse, but is under a parenting plan. which requires a supervisor.

once CPS is involved, CPS's main goal is reunification with the parent. dad seems not to have been paying too much attention.
Yes my husband is very concerned.

The restraining order has only been on him once, the grandmother filed it claiming she was scared for her life. According to her, he chased her through her own house. The same night it was claimed her daughter and his ex was taken to jail for admiting domestic violance towards my husband. I am not sure why he did not put up more of a fight at that time, but her admitance to domestic violence is on file and plain to see.

Is there a way for me to see what the charges were against the mother? We found this out through the grandmother and mother when they were screaming at eachother. The mother wanted us to have the son for Thanksgiving this year and the Grandmother was completely against it. It was durring the shouting match they admited that it was the grandmother with custody, not the mother. Apparently it "Was the only way we could keep the child at the time". They would not tell us any more about it.

As far as the father not paying attention, he had a restraining order on him. He could not by law contact the mother and grandmother. But arn't they still required by law to contact the father when child abuse is filed? I don't know much about law, but it certainly seems like the father should have been informed. The fact that once we started visiting the son again it took them two months to inform us that the mother no longer had custody really upsets the both of us.
  #4  
Old 11-04-2009, 08:40 PM
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Quote:
Originally Posted by EffluoSmaragdus View Post
Yes my husband is very concerned.

The restraining order has only been on him once, the grandmother filed it claiming she was scared for her life. According to her, he chased her through her own house. The same night it was claimed her daughter and his ex was taken to jail for admiting domestic violance towards my husband. I am not sure why he did not put up more of a fight at that time, but her admitance to domestic violence is on file and plain to see.

Is there a way for me to see what the charges were against the mother? We found this out through the grandmother and mother when they were screaming at eachother. The mother wanted us to have the son for Thanksgiving this year and the Grandmother was completely against it. It was durring the shouting match they admited that it was the grandmother with custody, not the mother. Apparently it "Was the only way we could keep the child at the time". They would not tell us any more about it.

As far as the father not paying attention, he had a restraining order on him. He could not by law contact the mother and grandmother. But arn't they still required by law to contact the father when child abuse is filed? I don't know much about law, but it certainly seems like the father should have been informed. The fact that once we started visiting the son again it took them two months to inform us that the mother no longer had custody really upsets the both of us.
if the restraining order was ONLY on dad, then that's dad's fault is mom was also the abuser.

so as it stands, dad is a danger to mom, grandma, AND child.

something isn't right here. if the father was NOT a danger to the child, dad would still be able to get a visitation schedule without contacting the mother. but i guess he wasn't paying attention or cared about that.

and no, CPS is not required by law to contact dad if they do not have contact information. and since dad didn't care enough to be involved AND there was a restraining order, it doesn't look good.

is dad's visitation court ordered as of now? paternity established?
  #5  
Old 11-04-2009, 09:08 PM
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And since you are a LEGAL STRANGER, you HAVE NO RIGHTS.
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  #6  
Old 11-05-2009, 08:59 AM
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Please read the post at the very top of the board (the one addressed to Newbies).
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