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Custody question.

Kingman, AZ |

My ex and I were together a little over a year. When I was 20 weeks pregnant he hit me and drug me out of the house (I have pictures of the bruises), I took him back. We kept arguing and I got in Zoloft hoping maybe hormones were to blame. A month later we had a fight and he chased me down the street yelling at me until a friend picked me up. I stayed with her for a week and a half before taking him back. When I was 8 months pregnant we had a fight at his parents. A friend picked me up and took me to our home to get clothes. He got there while I was still there and wouldn't let me leave until my friend called the police. I didn't press charges but they made note of the situation. I went back two weeks later. Many other fights occurred but nothing as big as all of that. When my son was 1 month old he took his car seat and put him in the truck. When I went to go get him he pushed me down. The neighbors saw. They alerted my parents and my dad came down. He then got in a physical altercation with my father whom I convinced not to press charges. I left but eventually went back. Fast forward to last week, while I was pushing baby out of the garage (the ex was there), I had to lift him over some stuff in the floor. In a lapse in judgement I hadn't buckled him and he fell out, the baby was fine and the ex even said accidents happen. Three days ago when I was at the house and trying to leave with the baby (the ex was fighting with me and holding baby), I bent over to take the baby and he kicked me hard Enough I bruised. I got up and hit him back and if course baby was screaming. He then got up and started screaming at me saying I hit our son (I didn't). I was crying and saying I didn't and telling him to give me the baby. He kept saying I was crying cause I hit the baby. I kept saying no. He says he has the fight on a voice recording and that he will use it against me to say I hit our child. Fast forward to tonight, he took our son and we agreed he'd be back at 8. He came back (to my parents at 830) and started a fight with both me and my parents and almost dropped our son (our baby was screaming) before finally giving him to me. We live I'm Arizona and he is on the birth certificate.

I have a few questions:

A.) if he wants to take the baby tomorrow is there anyway I can stop him?

B.) I won't lie under oath. If he takes me to court i would admit that I hit my ex after he kicked me, but I did not hit our child. Is there anyway that recording would be admissible or that he could use it to some how falsely prove I hit the baby?

C.) am I going to lose my baby? Is there anyway he could lose custody or at least get supervised visitstion?

D.) someone had a restraining order against him and he spent a night or two in jail for breaking it. Can that be used against him?

E) I have lots of people that will write character references for me and state under oath that I am a good mother. Will that help?

Attorney Answers 1


If you were not married to you ex at the time that your child was born and if you have never been to court to establish custody orders then you ex does not have any right to parenting time. He will have to go through the court in order to set up a visitation schedule.

In the mean time, you need to get an Order of Protection against your ex IMMEDIATELY. Make sure that both you and your child are named as protected parties. If your ex does in fact file a Petition with the court to establish legal decision making and parenting time, I suggest that you hire an experienced family law attorney.

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