Parental Rights & Obligations

questions & answers

Question: My girlfriend left me and made a bogus claim to get a restraining order. In the meantime she also took my daughter and i have not seen her in several months. I cannot contact her so how can I see my daughter?

Answer: In the event that an Order of Protection is granted by the court, the defendant has the right to request a hearing within one year from the date he/she is served. At the conclusion of this hearing the judge may or may not decide to rescind the Order of Protection. In Arizona, if the parents of a child were not married, and paternity has not been established in a court, the mother of the child is given full custody rights. If you do try to seek court ordered parenting time or custody of the child, you will need to establish paternity through the court if you have not already done so. For more information on Orders of Protection and how to appeal, visit: http://www.superiorcourt.maricopa.gov/SuperiorCourt/ProtectiveOrderCenter/index.asp For more information about child custody, visit: http://www.superiorcourt.maricopa.gov/superiorcourt/self-servicecenter/forms/familycourt/fc_group_6.asp