I certainly understand how difficult it can be when a judge makes a ruling that is not at all in your child's best interests. I certainly do not believe that you should have lose legal decision-making.

Unfortunately, there is not much you can do right now.

If the order came... View More

If you are doing mediation, you can first alert the other side that you are changing your position and if it is a problem, you can file a Motion to Amend either your answer or your response. You should also seek out an experienced family law attorney, as you will be expected to know all of the... View More

Note that I practice law in OHIO and do NOT practice in Az. I am an officer on the Ohio State Bar Association's Dispute Resolution Committee and have over 50 hours of mediation training from the Ohio Supreme Court's Judicial College.

Mediation is not a forum for presenting... View More

Yes, your daughter can request child support.

But let's be clear on what child support is. First, it's not meant to equalize the living situation between the parents. Second, it's done on a formula. The fact he has a two-bedroom and bought a Camaro are not relevant to how... View More

Is the January case active? If so, the preliminary injunction is in effect and you can't take the child out of state without the Court's permission.

It seems strange you were never given a Court date. You probably missed a step. Did you serve the other party? If yes, did they... View More

I'm going to presume because you posted this question in Arizona, that the case is in Arizona. If it is not in Arizona, ignore my answer entirely and contact a lawyer in the appropriate state.

Child Support - If it's court-ordered, it doesn't matter that he's leaving the... View More

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answered on Jun 18, 2023

If you and your son have moved back to Arizona and you have separated from your wife, she may still be able to file for divorce or custody in the state where she is currently stationed, even if you are no longer living together. The specific laws and procedures for filing for divorce or custody may... View More

He has two options: Get her to agree to assign custody to him or take the matter to Court. Absent her agreement, he's going to have to go to Court. He should also put himself on the Putative Father Registry ASAP so that she can't adopt out the child without his consent.

He can... View More

Technically, that should probably be asked of an attorney in Hawaii because, likely, Hawaii is the only state that can determine custody of your grandchild.

I will say, in Arizona, a Power of Attorney assigning rights to you for up to six months is valid. But even with its validity, you may... View More

She can.

But she will have to sue you first and get a judgment. And then she can garnish your wages or put a lien on your property.

I don't agree with her threatening to garnish your wages, but on the other hand, you wouldn't eat at a restaurant and then skip out on the... View More

First, a 12-year-old doesn't get to pick where she lives.

"Does she have a case for modification w/o any substantial change in circumstances? "

She has to show a material change of circumstances affecting the child's well-being to qualify for a modification.... View More

You wrote, " Legally when the child is born he will have all rights to the child."

Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.

If you can prove biology, you are also PRESUMED to be the father.

That puts the two of... View More

I am so sorry to hear what your children have been through.

That certainly seems like grounds to modify to me. You can file a Petition to Modify Legal Decision-making, Parenting Time, and Child Support. I recommend you consult with an attorney to decide if you also need to file for... View More

If that's what he is requesting you do, you should do it. Explain to the lawyer what is going on. A good lawyer will take to Father and say, "Telling the other parent to communicate through me about the children does not help your case."

Be patient on child support. The... View More

Parents should never involve children in their adult matters, including issues such as parenting time. If you have a parenting plan through the Court, there should be language stating something to that effect. If there is no such language, I recommend speaking with an experienced family law... View More

I agree with Ms. Sirlin. Check your Parenting Plan, and if there's a non-disparagement clause (i.e., don't say anything negative about the other parent) or a clause about not discussing the case with the minor child, you should enforce.

I'd recommend consulting with an... View More

Your best option is to have your son to establish his custodial rights and then you can see your granddaughter when your son has her. If that's not a possibility, you can file for grandparent visitation. But the difference between your son filing and you filing, though, is this: He has a... View More

No judge is going to make a 9-year-old do a one-month on, one-month-off schedule for the very reason you hit on: School. Even when children are not school age, few judges are willing to do month-on, month-off because it's really not in a child's best interests to be living in two... View More

Regarding how he got the records: The best way to find out is to contact the provider directly and ask why the records were released. You should ask for a copy of whatever subpoena, HIPAA Release, or other request your ex sent to the provider.

For medical (including counseling) or... View More

Since he is the child's father, he is legally entitled to any medical records involving your son. For any medical record involving your son, he does not need your permission to obtain them. If they're your medical records, then you would have needed to sign a HIPAA Release.

You... View More