(Download) "Montoya v. Superior Court" by Arizona Court of Appeals No. 1 CA-SA 92-0144 # Book PDF Kindle ePub Free
eBook details
- Title: Montoya v. Superior Court
- Author : Arizona Court of Appeals No. 1 CA-SA 92-0144
- Release Date : January 29, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
TOCI, Judge This special action arose when, in a custody dispute with the natural mother, the natural father invoked the privilege
against self-incrimination. Petitioner ("father") now seeks to enjoin the enforcement of the trial court's order striking
his custody of the child to the mother without a hearing on the merits. This court granted an interlocutory stay of the trial
court's order. We found the trial court improperly penalized the father for exercising his Fifth Amendment rights. We accepted
jurisdiction and entered an immediate order granting the relief requested with this opinion to follow. Ariz. Rev. Stat. Ann.
("A.R.S.") § 12-120.21(A)(3). The sole issue is whether the trial court abused its discretion when the father exercised his constitutional right to refuse
to answer potentially incriminating questions. We hold that the sanctions imposed by the trial Judge were improper because
they unnecessarily infringe on the exercise of the privilege against self-incrimination. Further, we find the entry of a default
judgment against the father violated the requirement that the court base a custody decision on "specific findings on the record
about all relevant factors and the reasons for which the decision is in the best interests of the child." A.R.S. §
25-332(K). We direct the trial court to vacate its minute entry order of June 5, 1992, and to hold a child custody hearing
on the merits in accordance with this opinion.