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Arizona Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I live in Arizona, I'm having d.C.S issues they are getting in the way of my relationship with my wife

They took the kids. They are making me look like a bad guy. Everything is blamed on me. Just want to know why.

Aaron Brann
Aaron Brann
answered on Apr 29, 2024

In Arizona, the Department of Child Safety (DCS) typically intervenes in family situations when there are concerns about the safety and well-being of children. This can include allegations of neglect, abuse, or other harmful environments. If DCS has removed your children from the home, it's... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: What do I need to fill out for a petition to modify current orders?

I have the documents for legal decision making, parenting time and child support. But there are also forms for parenting plans - joint legal decisions making or solo legal decision making, joint legal decisions making education orders, solo decision making education orders,order to appear for... View More

0 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Hi I was told to get a hair follicle test and a urine test by the judge. And depending on results that will decide if I

Have to continue to test twice a week by urine. Hair follicle came back that it is positive been exposed to a drug, my urine test is negative for anything. Now the prosecutor side telling me I need to go in for testing not the judge havnt seen him again yet, now the urine test is for current use... View More

0 Answers | Asked in Child Custody, Divorce, Family Law and Criminal Law for Arizona on
Q: Can I contest a divorce decree (not final) which grants someone custody of a minor whom they have no legal right to?

Daughter’s ex obtained a family court order for divorce against her and custody of my granddaughter. Problem is that he has never lived with my daughter and she had custody prior to his orders (not final decree) being issued in her abcense (she was never served). SHE annulled her marriage void... View More

0 Answers | Asked in Family Law, Child Custody and Education Law for Arizona on
Q: So it's find of a two for one question. How do I handle a disagreement with a school's iep meditation and due process

School basically stated they can no longer help our daughter as she is autistic, they requested we move her 5 weeks before school ends. I spoke with dad and let him I spoke with the doe in arizona they said to file a mediation, which I did. But it still wouldn't keep our daughter at her... View More

0 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Do I serve all documents or just the order to appear and original filing

Hey there, hope you are doing well. If you aren’t busy I had a quick question. I filed a period for contempt and the judge is granting a conference in May. When I serve her the order, do I have to send every document which I’m presenting to the courts or just the original petition and the... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law and Probate for Arizona on
Q: Can I file a motion to reconsider? Or appeal?

I have been going through a probate case as an heir against my 2 sisters one of which was appointed personal representative. It has been going on for over 2 years fron the beginning i have filed requests with the court for her removal, for the court's review of administration, all were... View More

Charles William Michaels
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Charles William Michaels
answered on Apr 3, 2024

I am not an Arizona attorney. But yes, I would file a motion to reconsider with the trial court.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My brother is 16 years old and I'm wondering if I can win 50/50 with my father and take my mom's rights who is unfit?

My mom has a drinking issue and has not had my brother in school for 3 years now I've been fighting with her to put him in school I've been cooking food for him to eat buying food and supporting his needs and also supporting my mom because she does not have a job nor cares to clean I need... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 1, 2024

No. A non-parent cannot share custody with a parent. If you want to seek custody of your brother, you would have to show that both of his parents are unfit AND you would have to show that you stand in loco parentis to your brother (meaning, he treats like a parent and you have been acting as his... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex wife ask for a ua that I provided the day she asked and another because she wanted it observed now she wants a hai

Hair folical too is this excessive ?

Rich J. Peters
Rich J. Peters
answered on Mar 15, 2024

A hair follicle exam can be a perfect way for you to alleviate any and every concern as it provides a historical assessment of your consumption of anything illegal. But, I would need to know more about your situation to determine whether her requests are excessive. Are there court orders in place... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I just left Arizona with my three kids to escape my abusive ex and go back to our home in Ohio with all of our family

He got the police involved when he realized I left and is saying I kidnapped the kids. I know I’m doing the right thing for them but now I’m so scared that he will find us, take the kids, or I will get in trouble

Mike Branum
Mike Branum
answered on Mar 8, 2024

You need to obtain qualified family law counsel in Ohio and file for emergency jurisdiction under the UCCJEA (ask your lawyer). The sooner you can do this, the better.

1 Answer | Asked in Family Law for Arizona on
Q: If a family court temporary order was set for the dismissal calendar on Feb 21st 2024. Is it dismissed? Do I need a ordr

We had temporary orders. The opposing counsel did not file a motion to continue before the calendar dismissal date.

Mike Branum
Mike Branum
answered on Mar 6, 2024

Since you are asking the question on Justia, I will presume that you do not have counsel yourself (if you do, you should really be talking to your attorney!). You should contact the Court to determine if the Court dismissed the temporary orders and, if they did, request a copy of the Order... View More

1 Answer | Asked in Child Support and Family Law for Arizona on
Q: I live in Maricopa county and I have a warrant out of Michigan for child support. What can I do to stop the extradition

If Michigan wants to extradite me and I did not sign the waiver for extradition what can I do to prevent it from going back to jail at and the governor signed the fugitive and warrant and I have a status conference? What should I do at this conference so I don't end up in jail?

James L. Arrasmith
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answered on Feb 25, 2024

If you have an outstanding warrant in Michigan and they are seeking to extradite you to face charges there, your options are limited. However, here is some advice:

1. Hire an attorney. You need legal counsel both in Arizona and Michigan to try to challenge the extradition and/or resolve the...
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1 Answer | Asked in Criminal Law, Family Law and Child Support for Arizona on
Q: At a fugitive of justice hearing in Maricopa county and there's a status conference when I'm out on bond. What to expect

Hello maricopa county, I got arrested for a warrant out of Michigan for child support and I got bonded out now I have to go to a status conference. What should I expect at the status conference? Will they put me back in jail.

James L. Arrasmith
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answered on Feb 25, 2024

Here are a few key things you can expect at a status conference for a fugitive of justice case in Maricopa County:

- The judge will check in on the progress of getting you extradited back to Michigan to face the child support warrant. The prosecutor will update if Michigan has begun that...
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1 Answer | Asked in Family Law and Civil Rights for Arizona on
Q: Is it possible to get married to the same person twice? Am I allowed to get two marriage certs to the same person?

The first one is basically an elopement for religious reasons which the other family doesn’t approve of and the second one is the big ceremony and party. We do want the second one to look as much as a wedding as possible

James L. Arrasmith
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answered on Feb 23, 2024

Yes, it is possible to have multiple marriage ceremonies with the same person. However, obtaining two marriage certificates for the same marriage is not typically allowed as it could be considered fraudulent or deceptive. Marriage certificates are legal documents that certify the marriage between... View More

1 Answer | Asked in Family Law for Arizona on
Q: Can a 12yr old be held in contempt for not visiting the non custodial parent when there is a court order

My child refuses to visit their father even though we have a court order that says she has too. She hasn't visited him in months and now he is saying he will get her held on contempt for not visiting. I have tried to get to go but she refuses and now says she will runaway and self harm if she... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 2, 2024

A 12-year-old cannot be held in contempt.

The 12-year-old is the subject of the Court order, but the Court has not ordered her to do anything. A Parenting Plan orders the parents as to what they are to do regarding to the child. Therefore, the 12-year-old has not violated the Court order...
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1 Answer | Asked in Family Law, Civil Rights and Elder Law for Arizona on
Q: Is there a way to Revoke my sister's power of attorney for medical - negligent in her duties. Do not want guardianship

She has filed an order of protection against me and has stated she is not capable of taking care of my mother because she suffers from many ailments. I paid and spoke with an attorney and he said I did not have a strong case to try and seek guardianship trying to figure out what options I may have... View More

James L. Arrasmith
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answered on Feb 1, 2024

Revoking a power of attorney for medical decisions in Arizona typically requires specific actions and may depend on the terms of the original power of attorney document. Here are some steps to consider:

1. Review the Power of Attorney Document: Examine the power of attorney document to...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: I need to decide when and how I should start obtaining full sole custody of my four-year-old daughter.

I experienced domestic violence with the biological father of my child. He told the child support judge he wanted nothing to do with my child and is currently in prison for a manslaughter charge due to a motor vehicle accident with a bicyclist that resulted in the death of said bicyclist. His... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 29, 2024

I recommend you go speak with an attorney who practices in the juvenile courts in Pima County ASAP about filing to terminate his parental rights. If you're going to do it, now is the time. If you don't terminate his rights, he can seek to establish his rights when he gets out of prison.

1 Answer | Asked in Family Law for Arizona on
Q: What are my after judgment options to file besides appeal in Arizona family court?

I got a judgment on Dec 19, 2023 and filed Rule 83 to alter amend. Motion was denied and clerk marked it on January 22, 2024. When is still timely to file notice of appeal?

Can I file Rule 84 and or 85?

How will filing Rule 84 and or 85 affect appeal timeline and deadline?

Rich J. Peters
Rich J. Peters
answered on Jan 25, 2024

You need to file your Notice of Appeal on or before the 30th day after the entry of the ruling on your rule 83 motion. You cannot be one day late. Although I don't know the specifics of your matter, and although there are exceptions to every rule depending on the circumstances, I expect that... View More

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