So You’ve Filed for Custody

The claim is that I have not abided by the orders of the court since day 1.

The claim is that I refuse to allow him to participate in events related to my son’s health and well-being.

The claim is that I refuse to allow him to participate in my son’s life in any way, shape, or form.

The claims are close to 100% true. There are no rumors to dispell here.

It is in the best interests of my son’s health, well-being, and future for him not to have any type of contact with his father as his father is unfit to parent.

A.R.S. 25-414. Violation of visitation or parenting time rights; penalties
A. If the court, based on a verified petition and after it gives reasonable notice to an alleged violating parent and an opportunity for that person to be heard, finds that a parent has refused WITHOUT GOOD CAUSE to comply with a visitation or parenting time order….

A.R.S. 25-403. Legal decision-making; best interests of child
A. The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child’s physical and emotional well-being, including:

6. Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. THIS PARAGRAPH DOES NOT APPLY if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.

8. Whether there has been DOMESTIC VIOLENCE or CHILD ABUSE pursuant to section 25-403.03.

A.R.S. 25-403.03 states:  “A. Notwithstanding subsection D of this section, joint legal decision-making shall not be awarded if the court makes a finding of the existence of significant domestic violence pursuant to section 13-3601 or if the court finds by a preponderance of the evidence that there has been a significant history of domestic violence.”

Verbal abuse, emotional abuse, physical abuse, continuous sexual abuse of a child, raping your own child, and child molestation are all considered domestic violence and child abuse under the law. Contributing to the delinquency and dependency of children is child abuse.  Failure to provide is neglect. Neglect is child abuse.  The  rest of the statute can be read here:  http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00403-03.htm&Title=25&DocType=ARS

I cannot forget to mention his substance abuse issue (documentation goes back to when he was 11 years old) that caused all six kids to be removed in 2005 and was also an issue in 2010. He continues to place the family at risk. CPS would take my son out of his home if he went over there and he would never be returned. He’d stay in foster care forever.

A.R.S. 25-403.04. Substance abuse
Read here: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00403-04.htm&Title=25&DocType=ARS

I will have the full list of statutes along with supporting documentation compiled here soon.  In the mean time, enjoy this short clip which ages Johnny from an infant to an adult and gives us a good look at who Johnny’s real father is.

A man deprived of raising his one and only son and a boy deprived of the love and companionship which can only come from a father.

Warm Regards,

Mel

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