questions & answers

Question: My boyfriend and I have never been married and have two children together. We were in the process of separating when he raped me. I left the house with our two kids. I filed a sexual assault case against him with the police. He is now harassing me about wanting our kids to spend the night at his house. I’m not comfortable and neither are my kids with him taking him. Can I refuse for him to have our kids over night because of him raping me?

Answer: The answer to your question depends on factors that are not contained in your question.  You have 2 children together.  Is he listed on the birth certificate as the father of the children?  If so, the law presumes he has equal custody rights to yours.  If he has never legally acknowledged paternity, then you are the sole custodian, with the right to make all legal decisions for your children.  If he is the legally acknowledged father and you want to limit or deny visitation, you have the right to go to court and file a petition requesting sole custody (now called legal decision-making).  You can find forms and instructions in the self service center of the Superior Court go to https://www.azcourts.gov/. You might also benefit from at least talking to a lawyer.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are financially qualified for the program, for a $75 fee, Modest Means offers a one hour consult with an experienced attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not exceed $75 per hour.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.  The telephone number is (520) 623-4625. If you do  not have sufficient money to pay for a reduced fee consult, you can go elsewhere on this website and apply to see if you qualify for a free lawyer.  Go to http://www.azlawhelp.org/accesstojustice.cfm.