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Questions Answered by Rich J. Peters
2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Have an IV-D Establishment of Support hearing coming up in July. Just wanted to know can I ask for parenting time then?

Mother filed in Wisconsin. She also won sole custody because I couldn't make it to the hearing. She lives out here in Arizona, but says she lives in Wisconsin. We lived together out here 4 years ago and my child was born out here as well. I dont know what needs to be done. If it's... View More

Rich J. Peters
Rich J. Peters
answered on Apr 13, 2021

I am sorry to say that you will not be able to raise parenting time issues at the IV-D child support hearing.

1. File a Petition to Establish Legal Decision Making and Parenting Time.

2. Hire a process server to get Mother served, or mail via certified mail, or ask her to accept...
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1 Answer | Asked in Family Law for Arizona on
Q: I just got served with a order or protection - and would also like to move with visits that my ex can't keep changing.
Rich J. Peters
Rich J. Peters
answered on Feb 1, 2021

You have the right to request a hearing on the order of protection. Please review the Order very carefully to ensure that you do not violate it.

Please call my office soon. We can certainly help you consider and then pursue your options for defending the order protection and also pursuing...
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1 Answer | Asked in Criminal Law, Family Law and Elder Law for Arizona on
Q: Can an attorney demand that a defendant have a phone conversation

Is it pertinent that the defendant is actively looking for legal representation?

Rich J. Peters
Rich J. Peters
answered on Feb 1, 2021

In Family Court, it can be important to show that you have reasonably responded to communication requests from the opposing party's attorney. If you are very close to hiring an attorney, then the opposing attorney should of course await that attorney's contact. However, if it goes days... View More

2 Answers | Asked in Child Support for Arizona on
Q: I am paying child support to my ex. My son left his house am i still obilgated to pay child support.
Rich J. Peters
Rich J. Peters
answered on Oct 13, 2020

I would need to know more. Is your son emancipated? Over the age of 18? Out of high school? Is he supporting himself?

Please call my office soon. We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better...
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1 Answer | Asked in Child Support for Arizona on
Q: How do I stop my child support payments? My child is 19yrs old. The mother is in prison and yet I’m still paying.
Rich J. Peters
Rich J. Peters
answered on Apr 28, 2020

You need to file a Petition to Terminate Income Withholding Order. In it, we would allege that you have no ongoing obligation and are current in your past obligations. You could also seek a judgment for any overpayments.

Please come in soon. We can certainly help you consider and then...
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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: I am seeking council on how to legally increase my parenting time to equal parenting time with my children?

Primary residence was granted to my children's father in August of 2018. I was ordered to have parenting time with my children only every other weekend. I was in graduate school at the time of the divorce to try to better myself and make a new life for my children and I which I believe hurt me... View More

Rich J. Peters
Rich J. Peters
answered on Apr 28, 2020

Arizona does allow you to file a petition to modify parenting time under certain circumstances. I do not know how old your current orders are, but our current statutes lean heavily towards equal parenting time. Pursuant to Arizona law, your Judge will be required, consistent with the... View More

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2 Answers | Asked in Family Law for Arizona on
Q: My 8 year old granddaughter has lived with me for 6 years Her mom has mental health issues lives in a group home

She recently started dating a guy that has mental illness as well (Suicidal)and they want to live together the only way she can get an apartment by herself is if she has her daughter with her. How can I prevent that?

Rich J. Peters
Rich J. Peters
answered on Feb 25, 2020

There are a few options we can discuss. I would need to know so much more. A private dependency petition can be filed with the Juvenile Court and can provide a long-term solution even without Mom and Dad’s agreement. A Title 8 Guardianship is possible, but requires the consent of the parents... View More

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1 Answer | Asked in Family Law for Arizona on
Q: I have a child custody order for supervised visits from Louisiana,how do I get the state of Arizona to recognize the it
Rich J. Peters
Rich J. Peters
answered on Jan 14, 2020

We would need to "domesticate it", which means filing a certified copy along with required documents. It is a very simple process.

More importantly, are you hoping to enforce it here? Modify it here? If so, we would need to discuss jurisdiction issues as well as modification...
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1 Answer | Asked in Child Support for Arizona on
Q: how is child support calculated for 2 different mothers will one get more or equal amounts
Rich J. Peters
Rich J. Peters
answered on Jan 8, 2020

Child Support in Arizona is based upon a formula. That formula would be applied separately to both Mothers, and thus may have different results.

The factors considered include (1) the parents' respective incomes; (2) whether either parent has additional children or support...
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1 Answer | Asked in Family Law for Arizona on
Q: My child's father and I have never been to court or have any orders on custody or visitation. Can I move to CA?

My mom's company in CA is expanding and she wants me to work for her. I have experience in her company's line of work as well.

Rich J. Peters
Rich J. Peters
answered on Jan 3, 2020

The easy answer is yes, you can. However, it would be a good idea to have an experienced Family Law attorney review your situation BEFORE you move. There is much to think about in deciding whether to move before or without filing any proceedings, or filing before you move. There can be... View More

1 Answer | Asked in Family Law for Arizona on
Q: If I leave my baby's mother and move out, will I be able to see my child?

Our son is still under a year old, me and the mother have been living together but have recently decided to break up. I have been wanting to move out because living with an ex is hard, but haven't because I am scared that I won't be able to see my son once I leave. I wouldn't take... View More

Rich J. Peters
Rich J. Peters
answered on Jan 3, 2020

If we were helping, we would be approaching Mom right away to demand access. We would also be filing right away. She does not have the right to unreasonably restrict your access, and if she does so, she herself could suffer repercussions.

Do not allow yourself to miss irreplaceable...
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1 Answer | Asked in Divorce for Arizona on
Q: If I’m married to a women and I have a two year old son that is not biologically her to I file divorce without a miner?

I’m a girl married to a girl

Rich J. Peters
Rich J. Peters
answered on Jan 3, 2020

Yes. But was the child born during the marriage?

Please come in soon. We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer...
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1 Answer | Asked in Child Custody for Arizona on
Q: How do I obtain custody of my grandchildren! How does my don get full custody of his children?
Rich J. Peters
Rich J. Peters
answered on Jan 3, 2020

There is so much to answer here, I cannot do so by email. We should meet.

As a Grandparent, you have the right to (1) seek Grandparent's Visitation", or (2) seek a Voluntary Guardianship, or (3) seek a Permanent Guardianship; or (4) seek a Termination of both parent's...
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2 Answers | Asked in Family Law for Arizona on
Q: How does a father get on a birth certificate if mom is dead in arizona

My boyfriends 4 year old sons mom died 2 years ago. My boyfriend is not on the birth certificate because she changed it with out his knowledge. I paid for a dna test and it is his baby. Now were stuck on how to get my boyfriend on the birth certificate without her. Again we live in arizona. Thank... View More

Rich J. Peters
Rich J. Peters
answered on Sep 25, 2019

We can still file a "Complaint in Paternity", alleging that he is the Father. Then, we would serve the representative of Mother's estate. If there is no such person, we would ask the Court for "alternative service" under a number of different theories. Ultimately, at the... View More

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1 Answer | Asked in Family Law for Arizona on
Q: I need 2 power of attorney, how much will it cost me?
Rich J. Peters
Rich J. Peters
answered on Sep 17, 2019

My office charges 1/2 hour of time, so $125-$150 per POA depending upon which attorney you hire.

Please call or email if you are interested.

/s/Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004

(602)254-7251

Fax (602)254-1229

www.familylawaz.com

1 Answer | Asked in Family Law for Arizona on
Q: My son will be 18 October 12 of this year, can the courts make my son see him after he turns18 ?

Father took me to court , court wants me to pay half of counseling for the two of them, father has never been in my sons life , courts told me I have to let my son speak to him twice a week , when he turns 18 in less then a month, do I have to force him to speak to him and go to counseling?

Rich J. Peters
Rich J. Peters
answered on Sep 13, 2019

in Arizona, NO. The Court loses jurisdiction over the child once the child turns 18.

HOWEVER, the Court still has jurisdiction to force Dad to pay child support. Is he current? If not, there are steps you could/should take soon after the child turns 18.

Please come in soon. We...
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1 Answer | Asked in Family Law for Arizona on
Q: Can I register a chid in school with parental Power of attorney ?
Rich J. Peters
Rich J. Peters
answered on Sep 13, 2019

By law, you SHOULD be able to. But, I could envision a school or school district being worried about it and asking for more information. Some are more careful or restrictive than others. I would expect so especially if it was only signed by one parent. The school or district may then wonder if... View More

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: In Arizona if the biological father has not had contact with child in more than a year does he still have rights?
Rich J. Peters
Rich J. Peters
answered on Aug 14, 2019

Yes, he still has rights until the other parent takes steps to "severe" those rights. Under Arizona law, 6 months of no contact and no support can constitute "abandonment" which can warrant a severance of parental rights. There is more to it, though, so I would need to know... View More

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1 Answer | Asked in Child Support for Arizona on
Q: I have a order for child support currently. but i am not receiving back child support for previous years.

can i modify current order to start receiving back child support? I do not recall being asked and up until now was confused about my rights to receive back support.

Rich J. Peters
Rich J. Peters
answered on Aug 1, 2019

How recently was your current Order entered? Is this the first Order ever?

THERE may be steps we can take. I would need to know more.

Please come in soon. We can certainly help you consider and then pursue your options for seeking up to 3 years of back support IF WE STILL HAVE...
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1 Answer | Asked in Family Law for Arizona on
Q: I have been raising my two girls for the passed five years with little to no help from their abusive father..

Now I would like to leave state and he is threatening me. I have a restraining order on him and he has charges for DV. Do I have the right to take them with me?

Rich J. Peters
Rich J. Peters
answered on Aug 1, 2019

Are there any Court Orders in place? IF SO, then Arizona does have a "relocation" statute which must be reviewed as compared to your situation. I would need to know more to determine whether such requires notice, etc.

If there are NO Court orders in place, then the relocation...
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